Pesticides; Chlorine Gas

Note: EPA no longer updates this information, but it may be useful as a reference or resource.
 [Federal Register: September 18, 2000 (Volume 65, Number 181)]
[Notices]
[Page 56305-56307]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se00-63]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34180B; FRL-6744-7]


Pesticides; Chlorine Gas

AGENCY:  Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY:  On February 22, 1999, the Agency issued a Reregistration
Eligibility Decision (RED) on the pesticide chlorine gas. The RED
included a requirement for the chlorine gas registrants to submit
revised labeling to the Agency by October 23, 1999. The RED also
included specific guidance on the content of these label revisions. In
response to this RED, several trade groups, state governments,
universities, and individuals submitted comments to the Agency. This
notice responds to these comments and provides additional and revised
guidance to registrants concerning specific label requirements for all
chlorine gas registrations. This notice also extends the due date for
revised labeling and opens an additional 60-day public comment period.

DATES:  Comments, identified by docket control number OPP-34180, were
received on or before May 1, 1999. Comments, identified by docket
control number OPP-34180B must be received no later than November 15,
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-34180B in the subject line on the first page of your
response.

FOR FURTHER INFORMATION CONTACT:  Patrick Dobak (7508C), Environmental
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460;
telephone number: (703) 308-8180; fax number: (703) 308-7042; e-mail
address: Dobak.pat@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to the registrants of chlorine gas and members
of the municipal water treatment and residential pool treatment
industries. 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 person
listed under FOR FURTHER INFORMATION CONTACT.

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 certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations,'' ``Regulations and Proposed Rules,'' 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 access information about chlorine
gas, go directly to the website for the Office of Pesticides'
Reregistration Eligibility Decisions at http://www.epa.gov/oppsrrd1/
REDs/ and select documents listed under Chlorine Gas. You will need to
have an Acrobat reader or equivalent installed in your computer in
order to download the documents.
    2. In person. The Agency has established an official record for
this action under docket control number OPP-34180B. 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. 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 the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall #2 (CM #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.

C. 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-34180B in the subject line on
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records
Integrity Branch (PIRIB), Information Resources and Services Division
(7502C), Office of Pesticide Programs (OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Information Resources
and Services Division (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, CM #2, 1921 Jefferson Davis
Hwy., Arlington, VA. The PIRIB is open from 8:30 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 above. Do not submit any information electronically that you
consider to be CBI. Avoid the use of special characters and any form of
encryption. Electronic

[[Page 56306]]

submissions will be accepted in WordPerfect 6.1/8.0 or ASCII file
format. All comments in electronic form must be identified by docket
control number OPP-34180B. Electronic comments may also be filed online
at many Federal Depository Libraries.

D. How Should I Handle CBI 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 under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection
activity.
    7. Make sure to submit your comments by the deadline in this
notice.
    8. 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. Summary of EPA position that Solicited Comments

    EPA issued a RED for chlorine gas on February 22, 1999. The notice
of availability of the RED for chlorine gas published in the  Federal
Register of March 10, 1999 (64 FR 11869) (FRL-6068-2). The RED required
label amendments for all currently registered products. The majority of
uses were classified for restricted use. Only residential pool
treatment and water and sewage treatment were not classified.
Registrants of products bearing both restricted and unclassified uses
were expected to ``split'' their product registrations according to
classification.
    In response to the RED, 11 comments were submitted to the Agency
from states, trade groups, utility companies, a university and the
public. Based on comments and meetings with registrant groups, EPA
recognized that several critical issues exist with regard to the
training requirements and the 8-month response requirement for the
submission of revised labels. The Agency has reconsidered its earlier
decision to not require restricted use classification for some uses and
has extended the 8-month response due date to December 15, 2000.

B. The Agency's Response to Comments for the Chlorine Gas RED.

    The comments received in response to the RED are grouped together
based on content as follows:
    1. Comment: If registrants must have two products (and two labels)
to accommodate restricted and unclassified uses, they could be
compelled to ship rail tank cars back to the chlorine gas producers for
re-labeling. This scenario is a concern because orders may and often do
change before delivery. Substantial additional costs could be incurred
by the registrant.
    Response: The Agency is proposing to reclassify the remaining uses,
consisting of drinking and sewage water treatment and residential
swimming pool treatment, as restricted uses. As a result, manufacturers
will not need to have both restricted and unclassified product labels.
    2. Comment: Some registrants, for example, those with both on-site
water treatment plants and cooling towers, would have personnel that
would be subject to inconsistent training requirements. These
personnel, in their role as cooling tower operators, would need to be
certified applicators, whereas in their role as water treatment system
operators, they would not need to be. EPA's treatment of these chlorine
use categories is inconsistent. These uses should be treated similarly.
    Response: This inconsistency is one of the chief reasons that the
Agency is revising the Chlorine Gas RED labeling and training
requirements to classify all chlorine gas uses as restricted use.
Chlorine is acutely toxic through all routes and meets the triggers for
restricted use classification in 40 CFR 152.170 for all uses.
    3. Comment: The prevention of accidental releases is already
subject to Clean Air Act (CAA) and Occupational Safety and Health
Administration (OSHA) requirements. CAA Risk Management Program (RMP)
can include many specific training, procedural, and recordkeeping
requirements. OSHA Process Safety Management (PSM) training ensures
adequate training for chlorine applicators.
    Response: These programs are intended to address accidental
releases, and certified applicator training also addresses proper
application. Chlorine gas is a highly toxic gas for which specialized
equipment and procedures exist. Certified applicator training should be
integrated in each facility's response to PSM training and RMP
requirements. Every worker will not need to receive certified
applicator training; one certified applicator needs to be present for
all operations, though.
    The Agency is aware that by making all chlorine gas uses
restricted, the other stakeholders (municipal water treatment operators
and residential pool treatment applicators) may have a similar
viewpoint. Since, for these stakeholders, the decision to classify
these uses as restricted is a significant change, the Agency is opening
up a comment period specifically to allow the stakeholders the
opportunity to respond to the Agency's revised position on this one
issue.
    4. Comment: The reclassification of chlorine gas as a Restricted
Use Product will result in a significant burden to state extension
services.
    Response: The Agency acknowledges the additional burden to state
extension services as a result of reclassification; however, the Agency
considers this training to be necessary based on the acutely hazardous
nature of chlorine gas, and based on review of the available incident
data. The Agency relied primarily on case reports from the California
Pesticide Illness Surveillance Program. A lack of proper training was
the most common listed cause (when one was listed) in these reports.
From Florida, several fatal incidents were also reported, including two
fatalities at water treatment plants and eight from a train derailment.
    As part of proposing to restrict the municipal water and sewage
treatment and residential pool treatment uses, it

[[Page 56307]]

was also necessary for the Agency to examine how the states and
industry would need to respond to these training requirements. State
regulatory agencies, extension agents, and their regulatory partners,
will need to determine if it is possible and beneficial to rely on
existing training programs like water treatment certification. Some
states have existing water treatment certification programs that could
be considered equivalent for certified applicator training. In those
cases, it would be possible for those states to modify existing
categories and training programs to include the other uses of chlorine.
The Agency is aware that this option may not be available to some
states. The Agency will be working with the states and chlorine
industry in developing new training and certification programs or
modify relevant existing programs for the chlorine restricted uses
categories.
    The EPA is aware that the training and certification burden on
states and industry will vary from state to state. Pennsylvania already
regulates chlorine gas as a restricted use pesticide under state law.
In some states, the water treatment operators may not be able to be
exempted from the core pesticide training requirements, which are
directed more to agricultural pesticides. The Agency does not consider
the burden of training to be unreasonable given the acutely hazardous
nature of chlorine gas, and the severity of some of the reported
incidents. Chlorine is one of the few pesticides with reported deaths
that is not currently restricted use. Many of the most severe non-fatal
incidents reviewed and two of the three fatal incidents from the use of
chlorine gas were associated with water treatment.
    Since implementing the restricted use labeling will require
legislative action on the part of many states, the Agency has extended
the period in which the registrants may distribute and sell chlorine
gas products bearing the existing unclassified labels/labeling until
December 15, 2002, or 2 years after the publication of this notice.
Persons other than the registrants may distribute or sell such products
for an additional year or until December 15, 2003. After that date, all
chlorine products must bear new labels.
    The RED also stated that residential pool treatments would be an
unclassified use. That decision was based on the lack of reported
incidents for this use. EPA Region 9, however, stated that they were
aware of several unreported incidents and suspected that incidents were
under-reported for this use. The Agency is reclassifying this use as
restricted based on the issues raised in Comment 1.
    5. Comment: The RED does not specify whether repackaging of
chlorine into 20 lb. cylinders will require a basic or supplemental
registration.
    Response: Supplemental registrations for residential pool treatment
will be allowed.
    6. Comment: Chlorine gas is highly toxic and some of the byproducts
of water treatment are persistent and bioaccumulative. Alternative
disinfectants are available and economically viable. EPA should do more
to encourage chlorination alternatives to drinking water treatment,
particularly ozonation.
    Response: The Agency considers drinking water chlorination to be a
critical public health use. The Agency will be requiring label
improvements and handler training for all registered chlorine uses,
including drinking water treatment. The Agency also required industry
to provide data on several disinfection byproducts of drinking water
chlorination. These data are intended to help further characterize
potential risks associated with drinking water consumption. Should
particular risks from chlorination be identified in the future, the
Agency would take action at that time.

C. What Guidance Does this Notice Provide?

    1. Time extensions. The Agency is granting a time extension for the
submission of revised labeling. The revised labels are due to the
Agency by December 15, 2000, and must be mailed to Wanda Mitchell,
7510C, USEPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460.
Chlorine gas registrants should already have submitted all other
requirements for the 8-month response. Because of the time needed for
the states to develop training materials, programs and test materials,
and establish the training categories, the Agency is extending until
December 15, 2002, the date when the registrants sell and distribute
only products bearing new labeling.
    2. Amended labeling requirements. The Agency is revising the
labeling requirements that were included in the Chlorine Gas RED. All
labeling requirements originally included in the RED that have not been
addressed in this notice remain in force. For the residential pool
treatment use only, the amended label requirements are: You must add
the following directions for use to product labels registered for
swimming pool water treatment:
    Do not use pool until the free active chlorine residual has dropped
to 4 ppm as determined by a test kit. Pool owners must be made aware of
the requirement not to enter the pool until the free active chlorine
drops to 4 ppm. Trained personnel must instruct pool owners on how to
use a test kit for this purpose.
    3. Training requirements. Based on the comments received and an
examination of the available regulatory responses, the Agency is now
proposing to classify products which allow for water and sewage
treatment and use in residential swimming pools as restricted use
pesticides. All pesticidal uses of chlorine gas will become restricted
use. Although water and sewage applicator certification exists in most
states, it is not classified as a restricted use. It would only be
possible to allow states the option of relying on this existing
training program to satisfy the certified applicator training
requirements for chlorine uses if water and sewage treatment is also
classified as a restricted use. The Agency considers the additional
regulatory burden on the states and industry to be reasonable based on
chlorine's high acute toxicity and review of the available incident
information.

D. What is the Agency's Authority for Taking this Action?

    Pusuant to 40 CFR 152.170, EPA has the authority to reclassify uses
and chemicals to restricted use. Reclassifying unclassified uses as
restricted uses is one of the methods available to the Agency to
address the risks associated with acutely hazardous pesticides.
Chlorine gas is acutely toxic through all routes of exposure. This
action will bring the remaining unclassified uses of chlorine gas up to
parity with the other uses of chlorine and other acutely hazardous
pesticides in general.

List of Subjects

    Environmental protection, Administrative practice and procedure,
Pesticides and pests.

    Dated: September 11, 2000.

Lois A. Rossi,

Director, Special Review and Reregistration Division, Office of
Pesticide Programs.

[FR Doc. 00-23940 Filed 9-15-00 8:45 am]
BILLING CODE 6560-50-S
Pesticides; Chlorine Gas

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