U.S. Government’s Process for Obtaining Stakeholder Information for Chemicals Proposed for Addition to the Stockholm Convention on Persistent Organic Pollutants, 74488-74493 [E8-28982]
Download as PDF
74488
Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices
Dated: December 2, 2008.
George Gray,
EPA Science Advisor.
[FR Doc. E8–28983 Filed 12–5–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2008–0758; FRL–8393–6]
U.S. Government’s Process for
Obtaining Stakeholder Information for
Chemicals Proposed for Addition to
the Stockholm Convention on
Persistent Organic Pollutants
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
mstockstill on PROD1PC66 with NOTICES
SUMMARY: On behalf of the U.S.
government agencies comprising the
Interagency Working Group (IWG) on
Persistent Organic Pollutants (POPs)
(hereafter USG), EPA is issuing this
notice to promote transparency, increase
awareness of the proposals concerning
chemicals for addition to the Stockholm
Convention on Persistent Organic
Pollutants (hereafter Convention), to
make interested persons aware of the
process for adding chemicals to the
Convention, to indicate at which steps
receiving comments or information from
interested persons would be useful to
the interagency process, and to indicate
for those steps the type of information
to be submitted and the due date. EPA
is issuing this notice to ensure that the
process for the review of chemicals
proposed for addition to the Convention
allows sufficient time for the
submission and consideration of public
comments on chemicals proposed for
addition to the Convention. EPA, on
behalf of USG, intends to issue future
notices that alert interested persons to
additional chemicals proposed for
addition to the Convention and for
which the approach to commenting
described in this notice will be applied.
EPA’s responsibility with respect to this
process will be to ensure that comments
received are considered by the Agency
as part of its internal process and to
ensure that comments received are
made available to USG for their
consideration.
DATES: All comments must be received
no later than November 30, 2009.
However, specific due dates for earlier
responses can be found in Unit II.G.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2008–0758, by
one of the following methods:
VerDate Aug<31>2005
16:32 Dec 05, 2008
Jkt 217001
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001.
• Hand Delivery: OPPT Document
Control Office (DCO), EPA East Bldg.,
Rm. 6428, 1201 Constitution Ave., NW.,
Washington, DC. Attention: Docket ID
Number EPA–HQ–OPPT–2008–0758.
The DCO is open from 8 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
DCO is (202) 564–8930. Such deliveries
are only accepted during the DCO’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPPT–
2008–0758. 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. 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 docket index available
at https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
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 OPPT
Docket. The OPPT Docket is located in
the EPA Docket Center (EPA/DC) at Rm.
3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
Federal holidays. The telephone number
of the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Docket visitors are required
to show photographic identification,
pass through a metal detector, and sign
the EPA visitor log. All visitor bags are
processed through an X-ray machine
and subject to search. Visitors will be
provided an EPA/DC badge that must be
visible at all times in the building and
returned upon departure.
FOR FURTHER INFORMATION CONTACT: For
general information contact: Colby
Lintner, Regulatory Coordinator,
Environmental Assistance Division
(7408M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 554–1404; e-mail address:
TSCA-Hotline@epa.gov.
For technical information contact:
Amy Breedlove, Chemical Control
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (202) 564–
9823; e-mail address:
breedlove.amy@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 particular
interest to chemical substance and
pesticide manufacturers, importers, and
processors. Since other entities may also
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
technical person listed under FOR
FURTHER INFORMATION CONTACT.
E:\FR\FM\08DEN1.SGM
08DEN1
Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
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 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. Procedures for preparing CBI.
Procedures for preparing CBI
information related to pesticides and
industrial chemicals are in Unit I.B.1.
Send CBI information about industrial
chemicals using the submission
procedures under ADDRESSES. Send CBI
information about pesticides to: Kristen
Hendricks, Field and External Affairs
Division (7506P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001 or hand
delivered Monday-Friday, excluding
Federal holidays, between 9 a.m. and 5
p.m. to: Kristen Hendricks, Government
and International Services Branch, Field
and External Affairs Division, Office of
Pesticide Programs, One Potomac Yard
(South Bldg.), 2777 S. Crystal Dr., Rm.
S11336, Arlington, VA 22202.
3. CBI to remain in the United States.
Commenters should note that none of
the CBI information received by EPA
will be forwarded to the Secretariat of
the Convention. Information from
submissions containing CBI may be
considered by relevant agencies in the
development of the U.S. response. If
commenters wish for USG to consider
incorporating information in documents
with CBI as part of the U.S. response,
commenters should provide a sanitized
copy of the documents. Sanitized copies
must be complete, except that all
information claimed as CBI must be
deleted. EPA will place sanitized copies
in the public docket.
4. 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).
VerDate Aug<31>2005
16:32 Dec 05, 2008
Jkt 217001
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?
Although the United States has not
ratified the Convention, it has an
opportunity, as an observer, to provide
submissions for review. The Agency is
issuing this notice on behalf of USG to
increase awareness of the proposals
concerning chemicals for addition to the
Convention, to make interested persons
aware of the process for adding
chemicals to the Convention, to indicate
at which steps receiving comments or
information from interested parties
would be useful to USG, and to indicate
for those steps the type of information
sought and the due date. EPA is issuing
this notice in order to improve the
process used for soliciting comments on
chemicals being reviewed for addition
to the Convention.
In the future, EPA, on behalf of USG,
intends to issue a Federal Register
notice when a chemical is first proposed
by a nominating Party to alert interested
persons and to solicit comments from
interested persons at the intervals
described in this notice. Since several
months often elapse between steps in
the nomination process, EPA will make
a good faith effort to issue e-mail
reminders of upcoming due dates to
interested parties. Parties interested in
receiving such e-mails should send an email with their preferred e-mail address
to the technical person listed under FOR
FURTHER INFORMATION CONTACT. Persons
interested in contacting EPA directly to
discuss POPs related subject matter,
should contact Karissa Taylor Kovner,
Senior Policy Advisor for International
Affairs (7101M), Office of the Assistant
Administrator for Prevention, Pesticides
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
74489
and Toxic Substances, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (202) 564–
0564; e-mail address:
kovner.karissa@epa.gov.
B. What is the Agency’s Authority for
Taking this Action?
On behalf of USG, EPA is requesting
comment and information under the
authority of section 102(2)(F) of the
National Environmental Policy Act, 42
U.S.C. 4321 et seq., which directs all
agencies of the Federal Government to
‘‘[r]ecognize the worldwide and longrange character of environmental
problems and, where consistent with
the foreign policy of the United States,
lend appropriate support to initiatives,
resolutions and programs designed to
maximize cooperation in anticipating
and preventing a decline in the quality
of mankind’s world environment.’’
Section 17(d)(1) of the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA) also provides additional
support in that it directs the
Administrator of EPA ‘‘in cooperation
with the Department of State and any
other appropriate Federal agency, [to]
participate and cooperate in any
international efforts to develop
improved pesticide research and
regulations.’’
C. What is the Stockholm Convention
Chemical Listing Process?
The United States signed the
Convention in May of 2001 but has not
yet ratified it (and thus is not a Party to
the Convention). The United States
currently participates as an observer in
Convention activities. The Convention,
which went into force in May of 2004,
requires the Parties to reduce or
eliminate the production and use of a
number of intentionally produced POPs,
i.e., those listed in Annex A or B. The
Convention also calls upon Parties to
take certain specified measures to
reduce releases of unintentionally
produced POPs listed in Annex C with
the goal of their continuing
minimization and, where feasible,
ultimate elimination. The Convention
also imposes controls on the handling of
POPs wastes and on trade in POPs
chemicals.
In addition, there are certain
procedures and science-based criteria
that Parties to the Convention use when
considering the addition of new
chemicals to the Convention’s Annexes.
Article 8 of the Convention provides the
process to be followed for listing new
chemicals in Annexes A, B, and/or C,
and is described in summary in this
unit:
E:\FR\FM\08DEN1.SGM
08DEN1
mstockstill on PROD1PC66 with NOTICES
74490
Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices
1. A Party to the Convention may
submit a proposal to the Secretariat for
listing a chemical in Annexes A, B, and/
or C. The proposal shall contain the
information specified in Annex D of the
Convention (‘‘Information Requirements
and Screening Criteria’’).
2. The Secretariat verifies that the
proposal contains the information
specified in Annex D, and if the
Secretariat is satisfied, the proposal is
forwarded to the POPs Review
Committee (hereafter POPRC).
3. POPRC examines the proposal,
applies the Annex D screening criteria,
and determines whether the screening
criteria have been fulfilled.
4. If POPRC is satisfied that the
criteria have been fulfilled, POPRC,
through the Secretariat, will make the
proposal and the POPRC’s evaluation
available to all Parties and observers
and invite them to submit the
information specified in Annex E
(‘‘Information Requirements for the Risk
Profiles’’).
5. A draft risk profile is prepared by
an ad hoc working group under POPRC
in accordance with Annex E for
consideration by POPRC and made
available to all Parties and observers to
collect technical comments. The
penultimate final draft is distributed to
obtain public comment from Parties and
observers. The outline to be used in
developing the risk profile can be found
on the Convention website (https://
www.pops.int).
6. POPRC reviews the final draft risk
profile and technical comments,
finalizes the risk profile, includes a
determination as to whether the
chemical is likely, as a result of its longrange environmental transport, to lead
to significant adverse human health
and/or environmental effects, such that
global action is warranted.
7. If POPRC decides that the chemical
is likely as a result of its long-range
environmental transport to lead to
significant adverse human health and/or
environmental effects such that global
action is warranted, then POPRC,
through the Secretariat, will ask Parties
and observers to provide information
specified in Annex F (‘‘Information on
Socio-Economic Considerations’’) to aid
in the development of risk management
evaluations (that include an analysis of
possible control measures).
8. A draft risk management evaluation
is prepared by an ad hoc working group
under POPRC in accordance with
Annex F for consideration by POPRC
and made available to Parties and
observers to collect technical comments.
The penultimate final draft is
distributed to obtain public comment
from Parties and observers. The outline
VerDate Aug<31>2005
18:28 Dec 05, 2008
Jkt 217001
to be used in developing the risk
management evaluation can be found on
the Convention website.
9. POPRC reviews the draft risk
management evaluation prepared by the
ad hoc working group and finalizes it.
10. On the basis of the risk profile and
risk management evaluation for each
chemical, POPRC recommends whether
the chemical should be considered by
the Conference of the Parties (COP) for
listing in Annexes A, B, and/or C,
depending on the control measures.
11. Parties may be asked by the
Secretariat, prior to the COP meeting, to
provide any specific concerns they have
regarding listing a chemical in a
particular annex.
12. COP makes the final decision
whether to list the chemical in Annexes
A, B, and/or C.
D. What is the Purpose and Content of
a Risk Profile?
Risk profiles, as noted in Annex E of
the Convention, ‘‘evaluate whether the
chemical is likely, as a result of its longrange environmental transport, to lead
to significant adverse human health
and/or environmental effects, such that
global action is warranted.’’ The risk
profile also further evaluates and
elaborates on the information referred to
in Annex D of the Convention and
includes, as far as possible, the
information listed in Annex E.
E. What is the Purpose and Content of
a Risk Management Evaluation?
Risk management evaluations include
an analysis of possible control
measures, which in accordance with
Annex F of the Convention
(‘‘Information on Socio-Economic
Considerations’’) should encompass
‘‘the full range of options, including
management and elimination.’’ The risk
management evaluation includes socioeconomic considerations associated
with possible control measures and
reflects due regard for the differing
capabilities and conditions among the
Parties. Additionally, the document
should discuss any specific exemptions
or acceptable purposes being
considered.
F. Where can Information on the
Convention’s Activities be Found?
1. Previous Federal Register notices
used to notify interested parties of
Convention activities and solicit
comments, draft documents for
comment, and stakeholder comments
can be found in docket EPA–HQ–OPPT–
2006–0794.
2. The Convention website is the
location of all the chemical proposals,
risk profiles, risk management
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
evaluations, information and comments
submitted by Parties and observers,
meeting documents, etc.
i. Information such as the Secretariat’s
invitation letters, requests for
information, and outlines for the risk
profiles and risk management
evaluations, can be found on the
Convention website by selecting the tab
for Convention, selecting POPRC, and
then selecting Information Requests.
ii. Meeting documents can be found
by selecting:
a. The Convention tab.
b. POPRC (or COP).
c. Meetings.
d. The particular meeting needed.
iii. Submissions from Parties and
observers of Annex E information, etc.,
can be found by selecting:
a. Convention.
b. POPRC.
c. Submissions (yr).
d. The type of information being
looked for.
iv. Copies of the risk profiles, risk
management evaluations, and new
proposals can be found by selecting:
a. Convention.
b. POPRC.
c. Chemicals under review.
G. At What Stages Would Input or
Comments be Useful to USG?
1. Annex E and F related information
solicitation stage. Typically, several
weeks after the Fall POPRC meeting, the
Secretariat invites Parties and observers
to submit to POPRC (via the Secretariat)
information specified in Annex E and/
or Annex F of the Convention, and other
relevant information for the chemicals
proposed for addition to the
Convention. The Secretariat has posted
the request for Annex E information, in
follow-up to the meeting of POPRC 4 in
October 2008, on the website with a due
date of January 9, 2009. The information
collected will be considered by POPRC
in its development of the risk profile
and/or risk management evaluation for
each chemical. Some Secretariat
invitations to submit information are
directed only to Parties, other
invitations are open to Parties and
observers. Often the information being
requested by the Secretariat is not
readily available to EPA or other
relevant agencies, and therefore
stakeholder input can be quite useful.
USG will consider the information it
receives for Annex E and Annex F and
use it to inform the U.S. submission to
the Secretariat as appropriate, as well as
during the review of the resulting draft
risk profiles and risk management
evaluations. EPA requests that any
information be submitted to USG using
the instructions in Unit I no later than
E:\FR\FM\08DEN1.SGM
08DEN1
mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices
20 calendar days prior to the
Secretariat’s posted due date in order to
meet POPRC’s deadline for the
submission of Annex E/F and related
information. Individuals or
organizations that wish to submit
information directly to POPRC via the
Secretariat should work through their
respective observer organizations, if
any.
2. Draft risk profile/risk management
evaluation stage. The Secretariat
typically posts draft risk profiles and
draft risk management evaluations for
comment by Parties and observers on
the Convention website in April, and
invites comments to be submitted
within 5–6 weeks of the posting date. In
2009, the Secretariat plans to make the
draft documents available on the
website in early-to-mid April with
comments due back to the Secretariat no
later than late May. The risk profile and
risk management evaluation documents
should contain specifics about
production, uses, releases, monitoring
data, technical feasibility of alternatives,
costs, etc.; consequently, USG finds
value in comments from interested
persons who can provide, or assess,
such information. Also useful are
stakeholder comments on the synthesis
and conclusion sections of the
document. EPA requests that comments
or information be submitted through
this process no later than 15 calendar
days prior to the Secretariat’s posted
deadline in order to provide time for the
relevant agencies to consider the
comments before the U.S. government
provides its response to the Secretariat.
3. Prior to POPRC/COP meetings. The
Secretariat posts documents, including
the final draft risk profiles and risk
management evaluations, on the
Convention website to be discussed at
upcoming POPRC or COP meetings
typically 1–2 months prior to the
meeting. In 2009, the Secretariat plans
to post documents for POPRC 5 on the
website by the end of August. If
interested parties wish to submit any
written comments regarding those
documents to USG, comments should be
received by EPA no later than 20
calendar days prior to the meeting. Any
comments received will be used to
inform the U.S. position on issues to be
discussed at the meeting. Separate from
the risk profile/risk management
evaluation process, EPA expects the
Secretariat to post meeting documents
for COP 4 by early April 2009.
H. What Information is Needed for
Chemicals Entering the Annex E Stage?
1. USG seeks information that is
supplementary to the information in the
proposals and POPRC’s evaluation of
VerDate Aug<31>2005
16:32 Dec 05, 2008
Jkt 217001
the proposals against the Annex D
screening criteria. The proposals and
the evaluations are available on the
Convention website.
2. Commenters are invited to provide
information they deem relevant to
POPRC’s development of risk profiles,
such as that specified in Annex E of the
Convention and other related
information, as described in paragraphs
i. through v. of this unit:
i. Sources, including as appropriate:
a. Production data, including quantity
and location.
b. Uses.
c. Releases, such as discharges, losses,
and emissions.
ii. Hazard assessment for the endpoint
or endpoints of concern (as identified in
the proposals and/or POPRC’s
evaluation of the proposals against the
screening criteria of Annex D),
including a consideration of
toxicological interactions involving
multiple chemicals.
iii. Environmental fate, including data
and information on the chemical and
physical properties of a chemical as
well as its persistence and how they are
linked to its environmental transport,
transfer within and between
environmental compartments,
degradation, and transformation to other
chemicals. (POPRC is to make a
determination of the bioconcentration
factor or bio-accumulation factor, based
on measured values, available, except
when monitoring data are judged to
meet this need.)
iv. Monitoring data.
v. Exposure in local areas and, in
particular, as a result of long-range
environmental transport, and including
information regarding bio-availability.
I. What Information is Needed for
Chemicals Entering the Annex F Stage?
1. For the chemicals entering the risk
management stage, USG seeks
information that is supplementary to the
information provided during previous
stages in the review process; i.e.,
information relevant to Convention
Annexes D and E; the proposals,
evaluations and risk profiles. These
documents, as well as the Secretariat’s
letter soliciting information, can be
found on the Convention website.
2. When providing information, keep
in mind that the possible control
measures under the Convention include,
among others, the prohibition or severe
restriction of production and use. The
provision of accurate, high quality
information is a priority for POPRC’s
evaluation.
3. Commenters are invited to provide
information they deem relevant to
POPRC’s development of the risk
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
74491
management evaluation, such as that
specified in Annex F of the Convention
and other related information, as
described in paragraphs i. through viii.
of this unit. Summary information and
relevant references should be provided
for:
i. Efficacy and efficiency of possible
control measures in meeting risk
reduction goals:
a. Describe possible control measures.
b. Technical feasibility.
c. Costs, including environmental and
health costs.
ii. Alternatives (products and
processes):
a. Describe alternatives.
b. Technical feasibility.
c. Costs, including environmental and
health costs.
d. Efficacy.
e. Risk.
f. Availability.
g. Accessibility.
iii. Positive and/or negative impacts
on society of implementing possible
control measures:
a. Health, including public,
environmental and occupational health.
b. Agriculture, including aquaculture
and forestry.
c. Biota (biodiversity).
d. Economic aspects.
e. Movement towards sustainable
development.
f. Social costs.
iv. Waste and disposal implications
(in particular, obsolete stocks of
pesticides and clean-up of contaminated
sites):
a. Technical feasibility.
b. Cost.
v. Access to information and public
education.
vi. Status of control and monitoring
capacity.
vii. Any national or regional control
actions taken, including information on
alternatives, and other relevant risk
management information.
viii. Other relevant information for
the risk management evaluation.
III. History of Proposed Chemicals to
Date
A. First Five Chemicals Proposed
The first meeting of POPRC (POPRC
1) took place November 7–11, 2005, in
Geneva, Switzerland. Information about
the Convention, POPRC meetings, and
the meeting reports are available on the
Convention website. Five chemical
proposals were submitted for
consideration for addition to Annexes
A, B, and/or C of the Convention. Three
of the five proposals were for industrial
chemicals:
• Pentabromodiphenyl ether
(PeBDE).
E:\FR\FM\08DEN1.SGM
08DEN1
mstockstill on PROD1PC66 with NOTICES
74492
Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices
• Hexabromobiphenyl (HBB).
• Perfluorooctane sulfonate (PFOS).
Two of the five proposals were for
pesticides:
• Lindane.
• Chlordecone.
With regard to all five chemicals,
POPRC decided that it was satisfied that
the screening criteria had been fulfilled
and that further work should therefore
be undertaken to develop risk profiles
for the five chemicals. Therefore,
POPRC, through the Secretariat,
requested that Parties and observers
provide information, per Annex E,
relevant to POPRC’s development of risk
profiles for the five chemicals listed in
this unit. See the Federal Register
notice of January 30, 2006 (71 FR 4913)
(FRL–7758–9) for additional
information.
The second meeting of POPRC
(POPRC 2) took place on November 6–
10, 2006, in Geneva, Switzerland. See
the Federal Register notice of October 6,
2006 (71 FR 59108) (FRL–8099–2) for
additional information. Information
about POPRC 2 is also available on the
Convention website. At that meeting,
risk profiles were considered for the five
previously proposed chemicals and
POPRC decided that these chemicals
were likely, as a result of their longrange environmental transport, to lead
to significant adverse human health and
environmental effects such that global
action is warranted. Consequently, the
five chemicals were moved forward to
the next step in the listing process. In
the Federal Register notice of December
20, 2006 (71 FR 76325) (FRL–8109–1),
EPA invited commenters to provide
information, per Annex F, to support
the development of risk management
evaluations. That information collection
step was followed by the development
of risk management evaluations. These
risk management evaluations were then
considered by POPRC 3 in November
2007. At POPRC 3, for commercial
PeBDE, chlordecone, HBB, lindane, and
PFOS, POPRC completed its review of
the available documents, considered the
possible control measures, the available
social and economic information, and
comments and information submitted
by Parties and observers relating to the
considerations specified in Annex F.
POPRC decided to recommend to COP,
in accordance with paragraph 9 of
Article 8 of the Convention, that COP
consider listing the chemicals in Unit
III.A., with some modifications, in the
Convention. Parties were invited to
notify the Secretariat of any relevant
issues they wish to raise to COP.
Additional information on production,
use, and alternatives for PFOS was also
requested.
VerDate Aug<31>2005
16:32 Dec 05, 2008
Jkt 217001
B. Second Five Chemicals Proposed
Also at POPRC 2, five new chemicals
were submitted for consideration for
addition to the Convention.
1. Two of the five proposals were for
industrial chemicals:
i. Commercial octabromodiphenyl
ether (c-octaBDE).
ii. Short-chained chlorinated paraffins
(SCCPs).
2. One of the five proposals was for
a chemical with both industrial and
pesticidal uses: Pentachlorobenzene
(PeCB).
3. Two of the five proposals were for
pesticides:
i. Alpha-hexachlorocyclohexane
(alpha-HCH).
ii. Beta-hexachlorocyclohexane (betaHCH).
EPA provided notice of POPRC 2 and
POPRC’s intention to consider proposals
for the five chemicals listed in this unit
in the October 6, 2006 Federal Register
notice. Additional information about the
POPRC 2 meeting is available on the
Convention website. POPRC 2 decided
that the Annex D screening criteria had
been fulfilled and requested that Parties
and observers provide information, per
Annex E, relevant to development of
risk profiles for the five chemicals listed
in this unit. POPRC 2 also requested
additional information on the
environmental fate of SCCPs or
information relating to their properties
which would enable a more
comprehensive evaluation of their
environmental fate. In the December 20,
2006 Federal Register notice, EPA
invited commenters to provide
information, per Annex E, for the
development of risk profiles. Risk
profiles were developed and presented
in November 2007 for the consideration
by POPRC 3.
In accordance with the procedure in
Article 8 of the Convention, POPRC 3
examined the risk profiles for the
chemicals in this unit and decided that
the chemicals, except for SCCPs, are
likely, as a result of their long-range
environmental transport, to lead to
significant adverse human health and/or
environmental effects such that global
action is warranted. POPRC 3 directed
the collection of information, per Annex
F, to be used in the development of the
risk management evaluations and also
requested additional information related
to commercial octaBDE and its
congeners, and PeCB. Initial draft risk
management evaluations were
developed during the spring of 2008 for
consideration at POPRC 4 in October
2008. At POPRC 4, the risk management
evaluations for c-octaBDE, PeCB, alphaHCH, and beta-HCH were approved.
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
POPRC decided to recommend, for coctaBDE, that COP consider listing in
Annex A hexa- and heptaBDEs present
in c-octaBDE, using BDE-153, BDE-154,
BDE-175, and BDE-183 as markers for
enforcement purposes. For PeCB, it was
decided to recommend to COP that the
substance be listed in Annexes A and C.
POPRC also decided to recommend to
COP that it consider listing alpha- and
beta-HCH in Annex A, giving due
consideration to the by-production of
these substances from the production of
lindane. Those recommendations are
expected to be presented to COP 4 in
May 2009.
The draft risk profile for SCCPs was
also examined at POPRC 3, but POPRC
considered the information available to
be insufficient to support the
Convention Annex E-related decision
that the chemical is likely as a result of
its long-range environmental transport
to lead to significant adverse human
health and/or environmental effects
such that global action is warranted and
therefore did not agree upon a risk
profile for the chemical. POPRC agreed
to the further development of the risk
profile, asked Parties and observers for
additional information for the SCCP risk
profile, and delayed the Convention
Annex E- related decision on SCCPs to
POPRC 4. A revised risk profile was
prepared for consideration at POPRC 4.
POPRC 4 agreed to consider the risk
profile, as revised, at POPRC 5.
C. Newest Chemicals Proposed
In the period between POPRC 3 and
POPRC 4, two additional chemicals
were proposed for consideration to be
listed in Annex A, B, and/or Annex C
to the Convention. Proposals were
submitted for endosulfan, a pesticide,
and for hexabromocyclododecane
(HBCDD), an industrial chemical. The
Secretariat reviewed the proposals and
verified that they contain the
information specified in Annex D.
Those evaluations are posted on the
Convention website. At POPRC 4, it was
decided to not take action on the
HBCDD proposal since the relevant
documentation was not submitted
sufficiently in advance of the meeting.
POPRC 5 will consider the HBCDD
proposal. Regarding the endosulfan
proposal, POPRC 4 decided that alpha
endosulfan, beta endosulfan, and
technical endosulfan, fulfill the
screening criteria, established a working
group to prepare a draft risk profile in
accordance with Annex E of the
Convention, and invited Parties and
observers to submit the information
specified in Annex E to the Secretariat.
E:\FR\FM\08DEN1.SGM
08DEN1
Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices
List of Subjects
Environmental protection, Chemicals,
Hazardous substances.
Dated: December 1, 2008.
James B. Gulliford,
Assistant Administrator, Office of Prevention,
Pesticides and Toxic Substances.
[FR Doc. E8–28982 Filed 12–5–08; 8:45 am]
BILLING CODE 6560–50–S
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Sunshine Act; Meeting
AGENCY HOLDING THE MEETING: Equal
Employment Opportunity Commission.
DATE AND TIME: Thursday, December 11,
2008, 2 p.m. Eastern Time.
Clarence M. Mitchell, Jr.
Conference Room on the Ninth Floor of
the EEOC Office Building, 1801 L Street,
NW., Washington, DC 20507.
PLACE:
STATUS: The meeting will be open to the
public.
MATTERS TO BE CONSIDERED:
Open Session
1. Announcement of Notation Votes,
and
2. Regulations and Related
Appendices Implementing ADA
Amendments Act of 2008.
mstockstill on PROD1PC66 with NOTICES
Note: In accordance with the Sunshine Act,
the meeting will be open to public
observation of the Commission’s
deliberations and voting. (In addition to
publishing notices on EEOC Commission
meetings in the Federal Register, the
Commission also provides a recorded
announcement a full week in advance on
future Commission sessions.)
Please telephone (202) 663–7100
(voice) and (202) 663–4074 (TTY) at any
time for information on these meetings.
The EEOC provides sign language
interpretation at Commission meetings
for the hearing impaired. Requests for
other reasonable accommodations may
be made by using the voice and TTY
numbers listed above. Contact Person
for More Information: Stephen
Llewellyn, Executive Officer on (202)
663–4070.
Dated: December 3, 2008.
Stephen Llewellyn,
Executive Officer, Executive Secretariat.
[FR Doc. E8–29075 Filed 12–5–08; 8:45 am]
FARM CREDIT SYSTEM INSURANCE
CORPORATION
FEDERAL COMMUNICATIONS
COMMISSION
Farm Credit System Insurance
Corporation Board; Regular Meeting
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission,
Comments Requested
SUMMARY: Notice is hereby given of the
regular meeting of the Farm Credit
System Insurance Corporation Board
(Board).
DATE AND TIME: The meeting of the Board
will be held at the offices of the Farm
Credit Administration in McLean,
Virginia, on December 11, 2008, from 10
a.m. until such time as the Board
concludes its business.
FOR FURTHER INFORMATION CONTACT:
Roland E. Smith, Secretary to the Farm
Credit System Insurance Corporation
Board, (703) 883–4009, TTY (703) 883–
4056.
Farm Credit System
Insurance Corporation, 1501 Farm
Credit Drive, McLean, Virginia 22102.
ADDRESSES:
Parts of
this meeting of the Board will be open
to the public (limited space available)
and parts will be closed to the public.
In order to increase the accessibility to
Board meetings, persons requiring
assistance should make arrangements in
advance. The matters to be considered
at the meeting are:
SUPPLEMENTARY INFORMATION:
Open Session
A. Approval of Minutes
• September 11, 2008.
B. Business Reports
• September 30, 2008 Financial
Report.
• Report on Insured and Other
Obligations.
• Quarterly Report on Annual
Performance Plan.
C. New Business
• Board Meeting Schedule for 2009.
Closed Session
• Confidential Report on System
Performance.
• Audit Plan for the Year Ended
December 31, 2008.
Dated: December 2, 2008.
Roland E. Smith,
Secretary, Farm Credit System Insurance
Corporation Board.
[FR Doc. E8–28888 Filed 12–5–08; 8:45 am]
BILLING CODE 6710–01–P
BILLING CODE 6570–01–P
VerDate Aug<31>2005
16:32 Dec 05, 2008
Jkt 217001
74493
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
November 27, 2008.
SUMMARY: As part of its continuing effort
to reduce paperwork burdens and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission invites the general public
and other Federal agencies to comment
on the following information
collection(s). Comments are requested
concerning: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Commission, including
whether the information shall have
practical utility; (b) the accuracy of the
Commission’s burden estimate; (c) ways
to enhance the quality, utility, and
clarity of the information collected; and
(d) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
An agency may not conduct or sponsor
a collection of information unless it
displays a currently valid OMB control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act that does not
display a valid OMB control number.
DATES: Written PRA comments should
be submitted on or before February 6,
2009. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Submit your comments by
e-mail to PRA@fcc.gov. Include in the email the OMB control number of the
collection or, if there is no OMB control
number, the Title shown in the
SUPPLEMENTARY INFORMATION section
below. If you are unable to submit your
comments by e-mail, contact the person
listed below to make alternative
arrangements.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection(s) or to obtain a
copy of the collection, send an e-mail to:
PRA@FCC.gov and include the
collection’s OMB control number as
shown in the SUPPLEMENTARY
INFORMATION section below (or the title
of the collection if there is no OMB
E:\FR\FM\08DEN1.SGM
08DEN1
Agencies
[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74488-74493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28982]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2008-0758; FRL-8393-6]
U.S. Government's Process for Obtaining Stakeholder Information
for Chemicals Proposed for Addition to the Stockholm Convention on
Persistent Organic Pollutants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On behalf of the U.S. government agencies comprising the
Interagency Working Group (IWG) on Persistent Organic Pollutants (POPs)
(hereafter USG), EPA is issuing this notice to promote transparency,
increase awareness of the proposals concerning chemicals for addition
to the Stockholm Convention on Persistent Organic Pollutants (hereafter
Convention), to make interested persons aware of the process for adding
chemicals to the Convention, to indicate at which steps receiving
comments or information from interested persons would be useful to the
interagency process, and to indicate for those steps the type of
information to be submitted and the due date. EPA is issuing this
notice to ensure that the process for the review of chemicals proposed
for addition to the Convention allows sufficient time for the
submission and consideration of public comments on chemicals proposed
for addition to the Convention. EPA, on behalf of USG, intends to issue
future notices that alert interested persons to additional chemicals
proposed for addition to the Convention and for which the approach to
commenting described in this notice will be applied. EPA's
responsibility with respect to this process will be to ensure that
comments received are considered by the Agency as part of its internal
process and to ensure that comments received are made available to USG
for their consideration.
DATES: All comments must be received no later than November 30, 2009.
However, specific due dates for earlier responses can be found in Unit
II.G.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2008-0758, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2008-0758. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2008-0758. 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. 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 docket index
available at https://www.regulations.gov. 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 OPPT Docket. The OPPT Docket is located in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: TSCA-
Hotline@epa.gov.
For technical information contact: Amy Breedlove, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 564-9823; e-mail
address: breedlove.amy@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
particular interest to chemical substance and pesticide manufacturers,
importers, and processors. Since other entities may also 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
technical person listed under FOR FURTHER INFORMATION CONTACT.
[[Page 74489]]
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
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. Procedures for preparing CBI. Procedures for preparing CBI
information related to pesticides and industrial chemicals are in Unit
I.B.1. Send CBI information about industrial chemicals using the
submission procedures under ADDRESSES. Send CBI information about
pesticides to: Kristen Hendricks, Field and External Affairs Division
(7506P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001 or hand
delivered Monday-Friday, excluding Federal holidays, between 9 a.m. and
5 p.m. to: Kristen Hendricks, Government and International Services
Branch, Field and External Affairs Division, Office of Pesticide
Programs, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Rm.
S11336, Arlington, VA 22202.
3. CBI to remain in the United States. Commenters should note that
none of the CBI information received by EPA will be forwarded to the
Secretariat of the Convention. Information from submissions containing
CBI may be considered by relevant agencies in the development of the
U.S. response. If commenters wish for USG to consider incorporating
information in documents with CBI as part of the U.S. response,
commenters should provide a sanitized copy of the documents. Sanitized
copies must be complete, except that all information claimed as CBI
must be deleted. EPA will place sanitized copies in the public docket.
4. 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?
Although the United States has not ratified the Convention, it has
an opportunity, as an observer, to provide submissions for review. The
Agency is issuing this notice on behalf of USG to increase awareness of
the proposals concerning chemicals for addition to the Convention, to
make interested persons aware of the process for adding chemicals to
the Convention, to indicate at which steps receiving comments or
information from interested parties would be useful to USG, and to
indicate for those steps the type of information sought and the due
date. EPA is issuing this notice in order to improve the process used
for soliciting comments on chemicals being reviewed for addition to the
Convention.
In the future, EPA, on behalf of USG, intends to issue a Federal
Register notice when a chemical is first proposed by a nominating Party
to alert interested persons and to solicit comments from interested
persons at the intervals described in this notice. Since several months
often elapse between steps in the nomination process, EPA will make a
good faith effort to issue e-mail reminders of upcoming due dates to
interested parties. Parties interested in receiving such e-mails should
send an e-mail with their preferred e-mail address to the technical
person listed under FOR FURTHER INFORMATION CONTACT. Persons interested
in contacting EPA directly to discuss POPs related subject matter,
should contact Karissa Taylor Kovner, Senior Policy Advisor for
International Affairs (7101M), Office of the Assistant Administrator
for Prevention, Pesticides and Toxic Substances, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 564-0564; e-mail address:
kovner.karissa@epa.gov.
B. What is the Agency's Authority for Taking this Action?
On behalf of USG, EPA is requesting comment and information under
the authority of section 102(2)(F) of the National Environmental Policy
Act, 42 U.S.C. 4321 et seq., which directs all agencies of the Federal
Government to ``[r]ecognize the worldwide and long-range character of
environmental problems and, where consistent with the foreign policy of
the United States, lend appropriate support to initiatives, resolutions
and programs designed to maximize cooperation in anticipating and
preventing a decline in the quality of mankind's world environment.''
Section 17(d)(1) of the Federal Insecticide, Fungicide and Rodenticide
Act (FIFRA) also provides additional support in that it directs the
Administrator of EPA ``in cooperation with the Department of State and
any other appropriate Federal agency, [to] participate and cooperate in
any international efforts to develop improved pesticide research and
regulations.''
C. What is the Stockholm Convention Chemical Listing Process?
The United States signed the Convention in May of 2001 but has not
yet ratified it (and thus is not a Party to the Convention). The United
States currently participates as an observer in Convention activities.
The Convention, which went into force in May of 2004, requires the
Parties to reduce or eliminate the production and use of a number of
intentionally produced POPs, i.e., those listed in Annex A or B. The
Convention also calls upon Parties to take certain specified measures
to reduce releases of unintentionally produced POPs listed in Annex C
with the goal of their continuing minimization and, where feasible,
ultimate elimination. The Convention also imposes controls on the
handling of POPs wastes and on trade in POPs chemicals.
In addition, there are certain procedures and science-based
criteria that Parties to the Convention use when considering the
addition of new chemicals to the Convention's Annexes. Article 8 of the
Convention provides the process to be followed for listing new
chemicals in Annexes A, B, and/or C, and is described in summary in
this unit:
[[Page 74490]]
1. A Party to the Convention may submit a proposal to the
Secretariat for listing a chemical in Annexes A, B, and/or C. The
proposal shall contain the information specified in Annex D of the
Convention (``Information Requirements and Screening Criteria'').
2. The Secretariat verifies that the proposal contains the
information specified in Annex D, and if the Secretariat is satisfied,
the proposal is forwarded to the POPs Review Committee (hereafter
POPRC).
3. POPRC examines the proposal, applies the Annex D screening
criteria, and determines whether the screening criteria have been
fulfilled.
4. If POPRC is satisfied that the criteria have been fulfilled,
POPRC, through the Secretariat, will make the proposal and the POPRC's
evaluation available to all Parties and observers and invite them to
submit the information specified in Annex E (``Information Requirements
for the Risk Profiles'').
5. A draft risk profile is prepared by an ad hoc working group
under POPRC in accordance with Annex E for consideration by POPRC and
made available to all Parties and observers to collect technical
comments. The penultimate final draft is distributed to obtain public
comment from Parties and observers. The outline to be used in
developing the risk profile can be found on the Convention website
(https://www.pops.int).
6. POPRC reviews the final draft risk profile and technical
comments, finalizes the risk profile, includes a determination as to
whether the chemical is likely, as a result of its long-range
environmental transport, to lead to significant adverse human health
and/or environmental effects, such that global action is warranted.
7. If POPRC decides that the chemical is likely as a result of its
long-range environmental transport to lead to significant adverse human
health and/or environmental effects such that global action is
warranted, then POPRC, through the Secretariat, will ask Parties and
observers to provide information specified in Annex F (``Information on
Socio-Economic Considerations'') to aid in the development of risk
management evaluations (that include an analysis of possible control
measures).
8. A draft risk management evaluation is prepared by an ad hoc
working group under POPRC in accordance with Annex F for consideration
by POPRC and made available to Parties and observers to collect
technical comments. The penultimate final draft is distributed to
obtain public comment from Parties and observers. The outline to be
used in developing the risk management evaluation can be found on the
Convention website.
9. POPRC reviews the draft risk management evaluation prepared by
the ad hoc working group and finalizes it.
10. On the basis of the risk profile and risk management evaluation
for each chemical, POPRC recommends whether the chemical should be
considered by the Conference of the Parties (COP) for listing in
Annexes A, B, and/or C, depending on the control measures.
11. Parties may be asked by the Secretariat, prior to the COP
meeting, to provide any specific concerns they have regarding listing a
chemical in a particular annex.
12. COP makes the final decision whether to list the chemical in
Annexes A, B, and/or C.
D. What is the Purpose and Content of a Risk Profile?
Risk profiles, as noted in Annex E of the Convention, ``evaluate
whether the chemical is likely, as a result of its long-range
environmental transport, to lead to significant adverse human health
and/or environmental effects, such that global action is warranted.''
The risk profile also further evaluates and elaborates on the
information referred to in Annex D of the Convention and includes, as
far as possible, the information listed in Annex E.
E. What is the Purpose and Content of a Risk Management Evaluation?
Risk management evaluations include an analysis of possible control
measures, which in accordance with Annex F of the Convention
(``Information on Socio-Economic Considerations'') should encompass
``the full range of options, including management and elimination.''
The risk management evaluation includes socio-economic considerations
associated with possible control measures and reflects due regard for
the differing capabilities and conditions among the Parties.
Additionally, the document should discuss any specific exemptions or
acceptable purposes being considered.
F. Where can Information on the Convention's Activities be Found?
1. Previous Federal Register notices used to notify interested
parties of Convention activities and solicit comments, draft documents
for comment, and stakeholder comments can be found in docket EPA-HQ-
OPPT-2006-0794.
2. The Convention website is the location of all the chemical
proposals, risk profiles, risk management evaluations, information and
comments submitted by Parties and observers, meeting documents, etc.
i. Information such as the Secretariat's invitation letters,
requests for information, and outlines for the risk profiles and risk
management evaluations, can be found on the Convention website by
selecting the tab for Convention, selecting POPRC, and then selecting
Information Requests.
ii. Meeting documents can be found by selecting:
a. The Convention tab.
b. POPRC (or COP).
c. Meetings.
d. The particular meeting needed.
iii. Submissions from Parties and observers of Annex E information,
etc., can be found by selecting:
a. Convention.
b. POPRC.
c. Submissions (yr).
d. The type of information being looked for.
iv. Copies of the risk profiles, risk management evaluations, and
new proposals can be found by selecting:
a. Convention.
b. POPRC.
c. Chemicals under review.
G. At What Stages Would Input or Comments be Useful to USG?
1. Annex E and F related information solicitation stage. Typically,
several weeks after the Fall POPRC meeting, the Secretariat invites
Parties and observers to submit to POPRC (via the Secretariat)
information specified in Annex E and/or Annex F of the Convention, and
other relevant information for the chemicals proposed for addition to
the Convention. The Secretariat has posted the request for Annex E
information, in follow-up to the meeting of POPRC 4 in October 2008, on
the website with a due date of January 9, 2009. The information
collected will be considered by POPRC in its development of the risk
profile and/or risk management evaluation for each chemical. Some
Secretariat invitations to submit information are directed only to
Parties, other invitations are open to Parties and observers. Often the
information being requested by the Secretariat is not readily available
to EPA or other relevant agencies, and therefore stakeholder input can
be quite useful. USG will consider the information it receives for
Annex E and Annex F and use it to inform the U.S. submission to the
Secretariat as appropriate, as well as during the review of the
resulting draft risk profiles and risk management evaluations. EPA
requests that any information be submitted to USG using the
instructions in Unit I no later than
[[Page 74491]]
20 calendar days prior to the Secretariat's posted due date in order to
meet POPRC's deadline for the submission of Annex E/F and related
information. Individuals or organizations that wish to submit
information directly to POPRC via the Secretariat should work through
their respective observer organizations, if any.
2. Draft risk profile/risk management evaluation stage. The
Secretariat typically posts draft risk profiles and draft risk
management evaluations for comment by Parties and observers on the
Convention website in April, and invites comments to be submitted
within 5-6 weeks of the posting date. In 2009, the Secretariat plans to
make the draft documents available on the website in early-to-mid April
with comments due back to the Secretariat no later than late May. The
risk profile and risk management evaluation documents should contain
specifics about production, uses, releases, monitoring data, technical
feasibility of alternatives, costs, etc.; consequently, USG finds value
in comments from interested persons who can provide, or assess, such
information. Also useful are stakeholder comments on the synthesis and
conclusion sections of the document. EPA requests that comments or
information be submitted through this process no later than 15 calendar
days prior to the Secretariat's posted deadline in order to provide
time for the relevant agencies to consider the comments before the U.S.
government provides its response to the Secretariat.
3. Prior to POPRC/COP meetings. The Secretariat posts documents,
including the final draft risk profiles and risk management
evaluations, on the Convention website to be discussed at upcoming
POPRC or COP meetings typically 1-2 months prior to the meeting. In
2009, the Secretariat plans to post documents for POPRC 5 on the
website by the end of August. If interested parties wish to submit any
written comments regarding those documents to USG, comments should be
received by EPA no later than 20 calendar days prior to the meeting.
Any comments received will be used to inform the U.S. position on
issues to be discussed at the meeting. Separate from the risk profile/
risk management evaluation process, EPA expects the Secretariat to post
meeting documents for COP 4 by early April 2009.
H. What Information is Needed for Chemicals Entering the Annex E Stage?
1. USG seeks information that is supplementary to the information
in the proposals and POPRC's evaluation of the proposals against the
Annex D screening criteria. The proposals and the evaluations are
available on the Convention website.
2. Commenters are invited to provide information they deem relevant
to POPRC's development of risk profiles, such as that specified in
Annex E of the Convention and other related information, as described
in paragraphs i. through v. of this unit:
i. Sources, including as appropriate:
a. Production data, including quantity and location.
b. Uses.
c. Releases, such as discharges, losses, and emissions.
ii. Hazard assessment for the endpoint or endpoints of concern (as
identified in the proposals and/or POPRC's evaluation of the proposals
against the screening criteria of Annex D), including a consideration
of toxicological interactions involving multiple chemicals.
iii. Environmental fate, including data and information on the
chemical and physical properties of a chemical as well as its
persistence and how they are linked to its environmental transport,
transfer within and between environmental compartments, degradation,
and transformation to other chemicals. (POPRC is to make a
determination of the bioconcentration factor or bio-accumulation
factor, based on measured values, available, except when monitoring
data are judged to meet this need.)
iv. Monitoring data.
v. Exposure in local areas and, in particular, as a result of long-
range environmental transport, and including information regarding bio-
availability.
I. What Information is Needed for Chemicals Entering the Annex F Stage?
1. For the chemicals entering the risk management stage, USG seeks
information that is supplementary to the information provided during
previous stages in the review process; i.e., information relevant to
Convention Annexes D and E; the proposals, evaluations and risk
profiles. These documents, as well as the Secretariat's letter
soliciting information, can be found on the Convention website.
2. When providing information, keep in mind that the possible
control measures under the Convention include, among others, the
prohibition or severe restriction of production and use. The provision
of accurate, high quality information is a priority for POPRC's
evaluation.
3. Commenters are invited to provide information they deem relevant
to POPRC's development of the risk management evaluation, such as that
specified in Annex F of the Convention and other related information,
as described in paragraphs i. through viii. of this unit. Summary
information and relevant references should be provided for:
i. Efficacy and efficiency of possible control measures in meeting
risk reduction goals:
a. Describe possible control measures.
b. Technical feasibility.
c. Costs, including environmental and health costs.
ii. Alternatives (products and processes):
a. Describe alternatives.
b. Technical feasibility.
c. Costs, including environmental and health costs.
d. Efficacy.
e. Risk.
f. Availability.
g. Accessibility.
iii. Positive and/or negative impacts on society of implementing
possible control measures:
a. Health, including public, environmental and occupational health.
b. Agriculture, including aquaculture and forestry.
c. Biota (biodiversity).
d. Economic aspects.
e. Movement towards sustainable development.
f. Social costs.
iv. Waste and disposal implications (in particular, obsolete stocks
of pesticides and clean-up of contaminated sites):
a. Technical feasibility.
b. Cost.
v. Access to information and public education.
vi. Status of control and monitoring capacity.
vii. Any national or regional control actions taken, including
information on alternatives, and other relevant risk management
information.
viii. Other relevant information for the risk management
evaluation.
III. History of Proposed Chemicals to Date
A. First Five Chemicals Proposed
The first meeting of POPRC (POPRC 1) took place November 7-11,
2005, in Geneva, Switzerland. Information about the Convention, POPRC
meetings, and the meeting reports are available on the Convention
website. Five chemical proposals were submitted for consideration for
addition to Annexes A, B, and/or C of the Convention. Three of the five
proposals were for industrial chemicals:
Pentabromodiphenyl ether (PeBDE).
[[Page 74492]]
Hexabromobiphenyl (HBB).
Perfluorooctane sulfonate (PFOS).
Two of the five proposals were for pesticides:
Lindane.
Chlordecone.
With regard to all five chemicals, POPRC decided that it was
satisfied that the screening criteria had been fulfilled and that
further work should therefore be undertaken to develop risk profiles
for the five chemicals. Therefore, POPRC, through the Secretariat,
requested that Parties and observers provide information, per Annex E,
relevant to POPRC's development of risk profiles for the five chemicals
listed in this unit. See the Federal Register notice of January 30,
2006 (71 FR 4913) (FRL-7758-9) for additional information.
The second meeting of POPRC (POPRC 2) took place on November 6-10,
2006, in Geneva, Switzerland. See the Federal Register notice of
October 6, 2006 (71 FR 59108) (FRL-8099-2) for additional information.
Information about POPRC 2 is also available on the Convention website.
At that meeting, risk profiles were considered for the five previously
proposed chemicals and POPRC decided that these chemicals were likely,
as a result of their long-range environmental transport, to lead to
significant adverse human health and environmental effects such that
global action is warranted. Consequently, the five chemicals were moved
forward to the next step in the listing process. In the Federal
Register notice of December 20, 2006 (71 FR 76325) (FRL-8109-1), EPA
invited commenters to provide information, per Annex F, to support the
development of risk management evaluations. That information collection
step was followed by the development of risk management evaluations.
These risk management evaluations were then considered by POPRC 3 in
November 2007. At POPRC 3, for commercial PeBDE, chlordecone, HBB,
lindane, and PFOS, POPRC completed its review of the available
documents, considered the possible control measures, the available
social and economic information, and comments and information submitted
by Parties and observers relating to the considerations specified in
Annex F. POPRC decided to recommend to COP, in accordance with
paragraph 9 of Article 8 of the Convention, that COP consider listing
the chemicals in Unit III.A., with some modifications, in the
Convention. Parties were invited to notify the Secretariat of any
relevant issues they wish to raise to COP. Additional information on
production, use, and alternatives for PFOS was also requested.
B. Second Five Chemicals Proposed
Also at POPRC 2, five new chemicals were submitted for
consideration for addition to the Convention.
1. Two of the five proposals were for industrial chemicals:
i. Commercial octabromodiphenyl ether (c-octaBDE).
ii. Short-chained chlorinated paraffins (SCCPs).
2. One of the five proposals was for a chemical with both
industrial and pesticidal uses: Pentachlorobenzene (PeCB).
3. Two of the five proposals were for pesticides:
i. Alpha-hexachlorocyclohexane (alpha-HCH).
ii. Beta-hexachlorocyclohexane (beta-HCH).
EPA provided notice of POPRC 2 and POPRC's intention to consider
proposals for the five chemicals listed in this unit in the October 6,
2006 Federal Register notice. Additional information about the POPRC 2
meeting is available on the Convention website. POPRC 2 decided that
the Annex D screening criteria had been fulfilled and requested that
Parties and observers provide information, per Annex E, relevant to
development of risk profiles for the five chemicals listed in this
unit. POPRC 2 also requested additional information on the
environmental fate of SCCPs or information relating to their properties
which would enable a more comprehensive evaluation of their
environmental fate. In the December 20, 2006 Federal Register notice,
EPA invited commenters to provide information, per Annex E, for the
development of risk profiles. Risk profiles were developed and
presented in November 2007 for the consideration by POPRC 3.
In accordance with the procedure in Article 8 of the Convention,
POPRC 3 examined the risk profiles for the chemicals in this unit and
decided that the chemicals, except for SCCPs, are likely, as a result
of their long-range environmental transport, to lead to significant
adverse human health and/or environmental effects such that global
action is warranted. POPRC 3 directed the collection of information,
per Annex F, to be used in the development of the risk management
evaluations and also requested additional information related to
commercial octaBDE and its congeners, and PeCB. Initial draft risk
management evaluations were developed during the spring of 2008 for
consideration at POPRC 4 in October 2008. At POPRC 4, the risk
management evaluations for c-octaBDE, PeCB, alpha-HCH, and beta-HCH
were approved. POPRC decided to recommend, for c-octaBDE, that COP
consider listing in Annex A hexa- and heptaBDEs present in c-octaBDE,
using BDE-153, BDE-154, BDE-175, and BDE-183 as markers for enforcement
purposes. For PeCB, it was decided to recommend to COP that the
substance be listed in Annexes A and C. POPRC also decided to recommend
to COP that it consider listing alpha- and beta-HCH in Annex A, giving
due consideration to the by-production of these substances from the
production of lindane. Those recommendations are expected to be
presented to COP 4 in May 2009.
The draft risk profile for SCCPs was also examined at POPRC 3, but
POPRC considered the information available to be insufficient to
support the Convention Annex E-related decision that the chemical is
likely as a result of its long-range environmental transport to lead to
significant adverse human health and/or environmental effects such that
global action is warranted and therefore did not agree upon a risk
profile for the chemical. POPRC agreed to the further development of
the risk profile, asked Parties and observers for additional
information for the SCCP risk profile, and delayed the Convention Annex
E- related decision on SCCPs to POPRC 4. A revised risk profile was
prepared for consideration at POPRC 4. POPRC 4 agreed to consider the
risk profile, as revised, at POPRC 5.
C. Newest Chemicals Proposed
In the period between POPRC 3 and POPRC 4, two additional chemicals
were proposed for consideration to be listed in Annex A, B, and/or
Annex C to the Convention. Proposals were submitted for endosulfan, a
pesticide, and for hexabromocyclododecane (HBCDD), an industrial
chemical. The Secretariat reviewed the proposals and verified that they
contain the information specified in Annex D. Those evaluations are
posted on the Convention website. At POPRC 4, it was decided to not
take action on the HBCDD proposal since the relevant documentation was
not submitted sufficiently in advance of the meeting. POPRC 5 will
consider the HBCDD proposal. Regarding the endosulfan proposal, POPRC 4
decided that alpha endosulfan, beta endosulfan, and technical
endosulfan, fulfill the screening criteria, established a working group
to prepare a draft risk profile in accordance with Annex E of the
Convention, and invited Parties and observers to submit the information
specified in Annex E to the Secretariat.
[[Page 74493]]
List of Subjects
Environmental protection, Chemicals, Hazardous substances.
Dated: December 1, 2008.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E8-28982 Filed 12-5-08; 8:45 am]
BILLING CODE 6560-50-S