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Standards for Pesticide Containers and Containment; Extension of Comment Period
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 21, 1999 (Volume 64, Number 244)]
[Proposed Rules]
[Page 71368-71369]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de99-32]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 165
[OPP-190001B; FRL-6396-7]
RIN 2070-AB95
Standards for Pesticide Containers and Containment; Extension of
Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; extension of comment period.
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SUMMARY: On October 21, 1999 (64 FR 56918), EPA reopened the comment
period on the proposed rule ``Standards for Pesticide Containers and
Containment''(59 FR 6712, February 11, 1994) to obtain comment on four
specific issues. EPA is extending the comment period by 60 days until
February 19, 2000. The comment period was initially scheduled to close
on December 20, 1999. The October 21, 1999 notice solicited comments on
potential changes that would reduce the scope of the container
standards, add an exemption for certain antimicrobial pesticides, and
adopt some of the Department of Transportation (DOT) hazardous
materials regulations. That notice also requested comments on the
definition for small business used to identify small pesticide
formulators, agrichemical dealers and commercial pesticide applicators
in the small entity impact analysis. These potential changes, if
adopted in the final rule, would support EPA's goal of pollution
prevention by promoting the use of refillable containers and would
harmonize and promote consistency within the Federal packaging
standards by adopting the DOT standards. In addition, the changes would
decrease the estimated economic impact by reducing the number of
pesticide products subject to the container requirements compared to
the original proposal.
DATES: Comments, identified by the docket control number OPP-190001B,
must be received on or before February 19, 2000.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit I. of the ``SUPPLEMENTARY INFORMATION.'' To ensure
proper receipt by EPA, it is imperative that you identify docket
control number OPP-190001B in the subject line on the first page of
your response.
FOR FURTHER INFORMATION CONTACT: Nancy Fitz, Field and External Affairs
Division (7506C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460; telephone
number: (703) 305-7385; fax number: (703) 308-3259; e-mail address:
fitz.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are a
pesticide formulator, agrichemical dealer, or an independent commercial
applicator. However, the issues addressed in this action apply mainly
to pesticide formulators. Potentially affected categories and entities
may include, but are not limited to:
------------------------------------------------------------------------
Examples of Potentially
Categories NAICS SIC Affected Entities
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Pesticide formulators.......... 32532 2879 Establishments that
formulate and prepare
insecticides,
fungicides,
herbicides, or other
pesticides from
technical chemicals or
concentrates produced
by pesticide
manufacturing
establishments. Some
formulating
establishments are
owned by the large
basic pesticide
producers and others
are independent.
Agrichemical dealers........... 44422 5191 Retail dealers that
distribute or sell
pesticides to
agricultural users.
Independent commercial 115112 0721 Businesses that apply
applicators. pesticides for
compensation (by
aerial and/or ground
application) and that
are not affiliated
with agrichemical
dealers.
------------------------------------------------------------------------
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 above could also be
affected. The Standard Industrial Classification (SIC) codes and the
North American Industrial Classification System (NAICS) codes have been
provided to assist you and others in determining whether or not this
action applies to certain entities. To determine whether you or your
business is affected by this action, you should carefully examine the
applicability provisions in Unit VII of the proposed rule published in
the Federal Register of October 21, 1999 (64 FR 56918) and in
Secs. 165.100, 165.120, 165.122, 165.140, 165.141, and 165.142 of the
original proposed rule (59 FR 6712, February 11, 1994). If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed in the ``FOR FURTHER INFORMATION
CONTACT'' section.
[[Page 71369]]
B. How Can I Get Additional Information, Including Copies of this
Document and Other Related Documents?
1. Electronically. You may obtain electronic copies of this
document and various support documents from the EPA internet Home Page
at http://www.epa.gov/. 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/.
2. In person. The EPA has established an official record for this
action under docket control number OPP-190001B. 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 confidential business information (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. A public version of this record, including printed,
paper versions of any electronic comments submitted during the comment
period is available for inspection in the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1921
Jefferson Davis Highway, 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.
C. How and to Whom do I Submit Comments?
As described in Unit I. of the proposed rule published in the
Federal Register of October 21, 1999 (64 FR 56918) (FRL-5776-3), you
may submit your comments through the mail, in person, or
electronically. Please follow the instructions that are provided in the
proposed rule. Do not submit any information electronically that you
consider to be CBI. To ensure proper receipt by EPA, be sure to
identify docket control number OPP-190001B in the subject line on the
first page of your response.
D. 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 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. A copy of the comment that does
not contain 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 by EPA without
prior notice. If you have any questions about CBI or the procedures for
claiming CBI, please consult with the person identified in the ``FOR
FURTHER INFORMATION CONTACT'' section.
E. What Should I Consider as I Prepare My Comments for EPA?
We invite you to provide your views on the various options we
discuss in this document, 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:
\ Explain your views as clearly as possible.
\ Describe any assumptions that you use.
\ Provide solid technical information and/or data to support your
views.
\ If you estimate potential burden or costs, explain how you arrive
at the estimate.
\ Tell us what you support, as well as what you disagree with.
\ Provide specific examples to illustrate your concerns.
\ Offer alternative ways to improve the rule.
\ Make sure to submit your comments by the deadline in this notice.
\ To ensure proper receipt by EPA, be sure to 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.
II. Background
A. What Action is EPA Taking?
EPA is extending the comment period for 60 days in response to a
request for an extension. On October 21, 1999 (64 FR 56918) (FRL-5776-
3), EPA reopened the comment period on the rule ``Standards for
Pesticide Containers and Containment'' to obtain comment on four
specific issues. The October 21, 1999 Federal Register notice solicited
comments on four aspects of the original 1994 proposed rule that
proposed container design and residue removal requirements for
refillable and nonrefillable pesticide containers and standards for
pesticide containment structures. (59 FR 6712, February 11, 1994) (FRL-
4168-9). Because of the lengthy time period between the original
proposal in 1994 and the recent notice to reopen the comment period,
EPA believes that granting the extension is warranted.
B. What is the Agency's Authority for Taking this Action?
EPA proposed the standards for pesticide containers and containment
based on the authority in section 19 of the Federal Insecticide,
Fungicide, and Rodenticide Act.
III. Do Any Regulatory Assessment Requirements Apply to this
Action?
No. This action is not a rulemaking, it merely extends the date by
which public comments must be submitted to EPA on a proposed rule that
previously published in the Federal Register of October 21, 1999 (64 FR
56918). For information about the applicability of the regulatory
assessment requirements to that proposed rule, which published in the
Federal Register, please refer to the discussion in Unit X of that
document.
List of Subjects in 40 CFR Part 165
Environmental protection, Antimicrobial pesticides, Packaging and
containers, Pesticides and pests.
Dated: December 10, 1999.
Susan H. Wayland,
Deputy Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 99-33034 Filed 12-20-99; 8:45 am]
BILLING CODE 6560-50-F