Organic Arsenical Herbicides (MSMA, DSMA, CAMA, and Cacodylic
Acid), Reregistration Eligibility Decision; Notice of Availability
[Federal Register: August 9, 2006 (Volume 71, Number 153)]
[Notices]
[Page 45554-45555]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au06-81]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2006-0201; FRL-8085-9]
Organic Arsenical Herbicides (MSMA, DSMA, CAMA, and Cacodylic
Acid), Reregistration Eligibility Decision; Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (RED) for the organic arsenical herbicides MSMA,
DSMA, CAMA, and cacodylic acid, and opens a public comment period on
this document. The Agency has determined that all products containing
MSMA, DSMA, CAMA, and cacodylic acid are not eligible for
reregistration. The Agency's risk assessments and other related
documents also are available in the organic arsenical herbicides
docket. MSMA, DSMA, CAMA, and cacodylic acid are collectively referred
to as the ``organic arsenical herbicides.'' The organic arsenic
herbicides are used primarily on cotton and turf, including golf
courses, home lawns, recreational areas such as school yards and
athletic fields, and rights-of-way. Overall, use in the United States
appears to be declining. While EPA has identified some risk associated
with the direct use of these herbicides, the Agency's primary concern
is the potential for applied organic arsenical products to transform to
a more toxic inorganic form of arsenic in soil with subsequent
transport to drinking water. EPA has reviewed the organic arsenical
herbicides through the public participation process that the Agency
uses to involve the public in developing pesticide reregistration and
tolerance reassessment decisions. Through these programs, EPA is
ensuring that all pesticides meet current health and safety standards.
DATES: Comments must be received on or before October 10, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0201, by one of the following methods:
? Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
? Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
? Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0201, EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://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 http://www.regulations.gov
or E-mail. The Federal http://www.regulations.gov
Web site 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 http://www.regulations.gov, your E-mail address
will be automatically captured and included as part of the comment that
is placed in the docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the docket index.
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 http://www.regulations.gov,
or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Lance Wormell, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 603-0523; fax
number: (703) 308-7070; E-mail address: wormell.lance@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or E-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
[[Page 45555]]
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?
Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
has completed a RED for the pesticides MSMA, DSMA, CAMA, and cacodylic
acid under section 4(g)(2)(A) of FIFRA. MSMA, DSMA, CAMA, and cacodylic
acid were first registered in the United States for use as herbicides
in the 1950s (DSMA) and 1960s (MSMA, CAMA, and cacodylic acid). MSMA
and DSMA are herbicides registered for weed control on cotton, for turf
grass and lawns, and under trees, vines, and shrubs. CAMA is an
herbicide registered for post-emergent weed control on lawns. Cacodylic
acid is a defoliant and herbicide registered for weed control under
non-bearing citrus trees, around buildings and sidewalks, and for lawn
renovation. EPA has determined that the database to support
reregistration is substantially complete and that all products
containing MSMA, DSMA, CAMA, and cacodylic acid are not eligible for
reregistration.
EPA must review tolerances and tolerance exemptions that were in
effect when the Food Quality Protection Act (FQPA) was enacted in
August 1996, to ensure that these existing pesticide residue limits for
food and feed commodities meet the safety standard established by the
new law. Tolerances are considered reassessed once the safety finding
has been made or a revocation occurs. EPA has reviewed and cannot make
the requisite safety finding for the MSMA, DSMA, and cacodylic acid
tolerances.
EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819) (FRL-7357-9) explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
Due to its uses, risks, and other factors, the organic arsenical
herbicides were reviewed through the modified 4-Phase process. Through
this process, EPA worked extensively with stakeholders and the public
to reach the regulatory decisions for MSMA, DSMA, CAMA, and cacodylic acid.
The reregistration program is being conducted under Congressionally
mandated time frames, and EPA recognizes the need both to make timely
decisions and to involve the public. The Agency is issuing the MSMA,
DSMA, CAMA, and cacodylic acid RED for public comment. This comment
period is intended to provide an additional opportunity for public
input. All comments should be submitted using the methods in ADDRESSES,
and must be received by EPA on or before the closing date. These
comments will become part of the Agency Docket for the organic
arsenical herbicides. Comments received after the close of the comment
period will be marked ``late.'' EPA is not required to consider these
late comments.
The Agency will carefully consider all comments received by the
closing date and any significant comments will be addressed and
communicated through a Response to Comments Memorandum in the Docket
and http://www.regulations.gov. If any comment significantly affects
the decision, EPA also will publish an amendment to the RED in the
Federal Register. In the absence of substantive comments requiring
changes, the MSMA, DSMA, CAMA, and cacodylic acid RED will be
implemented as it is now presented.
B. What is the Agency's Authority for Taking this Action?
Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, the Administrator
shall determine whether pesticides containing such active ingredient
are eligible for reregistration, before calling in product specific
data on individual end-use products and either reregistering products
or taking other ``appropriate regulatory action.''
Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for
pesticide residues in effect as of August 2, 1996, to determine whether
the tolerance or exemption meets the requirements of section 408(b)(2)
or (c)(2) of FFDCA. This review is to be completed by August 3, 2006.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: August 1, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-12905 Filed 8-8-06; 8:45 am]
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