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Organophosphate Pesticide; Pesticide Registration Notice; Availability for Public Comment
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 6, 1999 (Volume 64, Number 151)]
[Notices]
[Page 42943-42945]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au99-58]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-34191; FRL-6093-8]
Organophosphate Pesticide; Pesticide Registration Notice;
Availability for Public Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability for public comment of a
Pesticide Registration Notice that presents EPA's proposed approach for
managing risks from organophosphate pesticides to occupational users.
The approach described in this notice applies to both workers and
handlers as defined by the Worker Protection Standard (WPS), and other
persons not specifically covered by WPS, who nonetheless perform
similar activities and are exposed to pesticides in a similar manner.
In general, this proposed approach provides for baseline protective
measures for all occupational situations where these measures are
feasible and where current risk assessments show that they are
necessary, including closed mixing and loading systems, enclosed cab
equipment or equivalent protective clothing, and increased reentry
intervals. Further, this notice outlines the steps that EPA will take
to address situations when the baseline mitigation measures are not
feasible, or situations where maximum feasible mitigation is
[[Page 42944]]
still inadequate to protect occupational users.
DATES: Comments, identified by docket control number OPP-34191, must be
received by EPA on or before October 5, 1999.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit III. of the ``SUPPLEMENTARY INFORMATION'' section. To
ensure proper receipt by EPA, it is imperative that you identify docket
control number OPP-34191 in the subject line on the first page of your
response.
FOR FURTHER INFORMATION CONTACT: Linda Werrell, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460;
telephone numbers: (703) 308-8033 and fax number: (703) 308-8041; e-
mail address: werrell.linda@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this Action Apply to Me?
You may be potentially affected by this notice if you manufacture
or formulate pesticides. Potentially affected categories and entities
may include, but are not limited to:
------------------------------------------------------------------------
Examples of
Categories NAICS potentially
affected entities
------------------------------------------------------------------------
Pesticide producers 32532 Pesticide
manufacturers
Pesticide
formulators
------------------------------------------------------------------------
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed could also be affected. If
available, the North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether or not this notice affects certain entities. If you have any
questions regarding the applicability of this announcement to you,
consult the person listed in the ``FOR FURTHER INFORMATION CONTACT''
section.
II. How Can I Get Additional Information, Including Copies of this
Document or Other Related Documents?
A. Electronically
You may obtain electronic copies of this document and other
related documents from the EPA Internet Home Page at http://
www.epa.gov/. To access this document, on the Home Page select ``Laws
and Regulations'' and then look up the entry for this document under
the ``Federal Register--Environmental Documents.'' You can also go
directly to the Federal Register listings at http://www.epa.gov/
fedrgstr/.
To obtain electronic copies of the proposed Pesticide Regulation
Notice mentioned in this notice, you can go directly to the Home Page
for the Office of Pesticide Programs (OPP) at http://www.epa.gov/
pesticides/op/fedreg.htm. You may access information about
organophosphate pesticides at http://www.epa.gov/pesticides/op/.
B. In Person
The Agency has established an official record for this action
under docket control number OPP-34191. The official record consists of
the documents specifically referenced in this action, any public
comments received during an applicable comment period, and other
information related to this action, including any information claimed
as CBI. This official record includes the documents that are physically
located in the docket, as well as the documents that are referenced in
those documents. The public version of the official record does not
include any information claimed as CBI. The public version of the
official record, which includes printed, paper versions of any
electronic comments submitted during an applicable comment period, is
available for inspection in Rm. 119, Crystal Mall #2, 1921 Jefferson
Davis Hwy., Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The PIRIB telephone number is (703)
305-5805.
III. How Can I Respond to this Action?
A. How and to Whom Do I Submit Comments?
You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is imperative that
you identify docket control number OPP-34191 in the subject line on the
first page of your response.
1. By mail. Submit your comments to: Public Information and Records
Integrity Branch, Information Resources and Services Division (7502C),
Office of Pesticide Programs, Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460.
2. In person or by courier. Deliver your comments to: Public
Information and Records Integrity Branch, Information Resources and
Services Division, Office of Pesticide Programs, Environmental
Protection Agency, Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy.,
Arlington, VA. The Document Control Office (DCO) is open 8 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The PIRIB
telephone number is (703) 305-5805.
3. Electronically. You may submit your comments electronically by
e-mail to: ``opp-docket@epa.gov,'' or you can submit a computer disk as
described in this unit. Do not submit any information electronically
that you consider to be CBI. Avoid the use of special characters and
any form of encryption.Electronic submissions will be accepted in
WordPerfect 5.1/6.1 or ASCII file format. All comments in electronic
form must be identified by docket control number OPP-34191. Electronic
comments may also be filed online at many Federal Depository Libraries.
B. How Should I Handle CBI Information that I Want to Submit to the
Agency?
Do not submit any information electronically that you consider to
be CBI. You may claim information that you submit to EPA in response to
this document as CBI by marking any part or all of that information as
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. In addition to one complete
version of the comment that includes any 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 version of the
official record. Information not marked confidential will be included
in the public version of the official record without prior notice. If
you have any questions about CBI or the procedures for claiming CBI,
please consult the person listed in the ``FOR FURTHER INFORMATION
CONTACT'' section.
C. What Should I Consider as I Prepare My Comments for EPA?
We invite you to provide your views on the various options we
propose, new approaches we haven't considered, the potential impacts of
the various options (including possible unintended consequences), and
any data or information that you would like the Agency to consider
during the development of the final action. You may find the following
suggestions helpful for preparing your comments:
<bullet> Explain your views as clearly as possible.
[[Page 42945]]
<bullet> Describe any assumptions that you used.
<bullet> Provide copies of any technical information and/or data
you used that support your views.
<bullet> If you estimate potential burden or costs, explain how you
arrived at the estimate.
<bullet> Provide specific examples to illustrate your concerns.
<bullet> Offer alternative ways to improve the rule or collection
activity.
<bullet> Make sure to submit your comments by the deadline in this
notice.
<bullet> At the beginning of your comments, be sure to properly
identify the document you are commenting on. To ensure proper receipt
by EPA, it is imperative that you identify the docket control number
assigned to this action in the subject line on the first page of your
response. You may also provide the name, date, and Federal Register
citation.
D. Are There Issues on Which EPA is Particularly Interested in
Receiving Comment?
Comments are encouraged on any aspect of the Pesticide Registration
Notice mentioned in this notice. EPA is particularly interested in
comments on the following matters:
1. Is EPA's definition of closed systems and closed cabs too broad
or too specific? Should EPA adopt the same standards as California for
closed systems?
2. What technologies are available or under development to reduce
exposure to occupational users in green houses and during orchard
applications? Are there other agricultural applications for which
closed cabs are not currently feasible?
3. The Pesticide Registration Notice gives one example of the
industry moving toward automated or technological replacements for
human occupational users (the substitution of Geographic Positioning
Systems (GPS) or mechanical flaggers for human flaggers in aerial
applications). Are there other examples where agricultural work
functions could be automated ?
4. In many cases, existing re-entry intervals (REIs) for
organophosphate pesticide uses may be inadequate. Where feasible, EPA
will seek to extend re-entry intervals, however, there are practical
limits on the length of re-entry intervals. What other measures should
EPA consider to protect occupational users re-entering treated fields?
Is testing/monitoring of plant residues prior to harvest practical?
5. For retained uses where exposure to occupational users is still
a concern, EPA may require biological monitoring for occupational user
populations of concern. As many organophosphate pesticide uses are of
concern, what is the most efficient approach to monitoring occupational
user populations?
IV. What Action is EPA Taking in this Notice?
This notice announces the availability for public comment of a
Pesticide Registration Notice that presents EPA's proposed approach for
managing risks from organophosphate pesticides to occupational users.
The approach described in this notice applies to both workers and
handlers as defined by the Worker Protection Standard (WPS), and other
persons not specifically covered by WPS, who nonetheless perform
similar activities and are exposed to pesticides in a similar manner.
The proposed risk management approach that is outlined in this
Pesticide Registration Notice would be used in developing the
individual organophosphate pesticide occupational risk management
decisions, which will be proposed for public comment as part of the
pilot public participation process that EPA and Department of
Agriculture (USDA) are now using for involving the public in the
reassessment of pesticide tolerances under the Food Quality Protection
Act (FQPA), and the reregistration of individual organophosphate
pesticides under the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA). The pilot public participation process was developed as
part of the EPA-USDA Tolerance Reassessment Advisory Committee (TRAC),
which was established in April 1998, as a subcommittee under the
auspices of EPA's National Advisory Council for Environmental Policy
and Technology. A goal of the pilot public participation process is to
find a more effective way for the public to participate at critical
junctures in the Agency's development of organophosphate pesticide risk
assessments and risk management decisions. EPA and USDA began
implementing this pilot process in August 1998, to increase
transparency and opportunities for stakeholder consultation.
The Agency is proposing this approach for managing risk to
occupational users of organophosphate pesticide products at this time
because the organophosphate pesticide occupational risk assessments
developed thus far indicate, with few exceptions, that risk management
measures beyond those specified by the Worker Protection Standard (40
CFR part 170) will be needed to adequately protect occupational users
of these products. In many cases, the organophosphate pesticide risk
assessments show that even when the maximum feasible protective
clothing and engineering controls are used, risks to occupational users
still exceed the Agency's levels of concern. In such instances, EPA is
required by FIFRA to weigh these risks against the benefits of the
pesticide's use. The Agency is outlining its proposed decision process
in this notice because early notification to registrants will help to
ensure that occupational risk management decisions for the
organophosphate pesticides will be approached consistently and
implemented equitably. The Agency also believes this early notification
will encourage the voluntary adoption of measures to reduce risks to
occupational users as soon as possible.
List of Subjects
Environmental protection, Chemicals, Pesticides and pests.
Dated: August 2, 1999.
Marcia E. Mulkey,
Director, Office of Pesticide Programs.
[FR Doc. 99-20315 Filed 8-5-99; 8:45 am]
BILLING CODE 6560-50-F