Naphthenate Salts Risk Assessment; Notice of Availability and
Risk Reduction Options
[Federal Register: July 25, 2007 (Volume 72, Number 142)]
[Notices]
[Page 40855-40857]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jy07-63]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-0589; FRL-8140-6]
Naphthenate Salts Risk Assessment; Notice of Availability and
Risk Reduction Options
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of EPA's risk
assessment(s), and related documents for the pesticides copper
naphthenate and zinc naphthenate (the naphthenate salts), and opens a
public comment period on these documents. The public is encouraged to
suggest risk management ideas or proposals to address the risks
identified. EPA is developing a Reregistration Eligibility Decision
(RED) for the naphthenate salts through a modified, 4-Phase public
participation process that the Agency uses to involve the public in
developing pesticide reregistration decisions. Through this program,
EPA is ensuring that all pesticides meet current health and safety
standards.
DATES: Comments must be received on or before September 24, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0589, 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-
2007-0589. 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 regulations.gov or e-
mail. The Federal 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
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
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. 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: Rebecca Cool, Antimicrobials Division
(7501P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 347-8024; fax number (703) 308-8481; e-mail address:
cool.rebecca@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
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:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
[[Page 40856]]
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?
EPA is releasing for public comment its human health and
environmental fate and effects risk assessments and related documents
for the naphthenate salts, and soliciting public comment on risk
management ideas or proposals. The naphthenate salts are microbiocide/
microbiostat, miticide, fungicides, insecticides, algaecide and
herbicide/terrestrial chemicals. EPA developed the risk assessments and
risk characterization for the naphthenate salts through a modified
version of its public process for making pesticide reregistration
eligibility and tolerance reassessment decisions. Through these
programs, EPA is ensuring that pesticides meet current standards under
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the
Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food
Quality Protection Act of 1996 (FQPA).
The naphthenate salts are used predominantly in industrial and
commercial wood preservation for non-pressure (dip/brush/spray) and
pressure treatments (vacuum/full-cell) to protect against fungal rot,
decay, termites and wood-boring insects in unfinished wood and various
fabricated wood products. These preservatives are also used for
remedial treatments to in-service poles (internal/external surfaces at
ground or below-ground level via brush/trowel, mechanical injection, or
bandage wrap). Treated wood is specified for exterior above-ground,
ground-contact, below-ground and fresh or salt water contact use
applications. The naphthenate salts are also used as protective wood
preservative surface treatments when applied to bare seasoned wood.
Copper/zinc naphthenates are also used for mainly commercial/industrial
materials preservation of cellulose-based cordage/textiles. Products
are used as fungistats to control rot and mildew and are registered for
impregnation by dip (primarily), or by spray and brush surface
treatment. It is additionally used for incorporation into industrial
textiles meeting military or government-specified needs. Examples of
the materials/wood preserved using naphthenate salts include cellulose-
based fibers in cordage (ropes, twine, nets) and non-apparel and
industrial textiles (tents, awnings, tarpaulins, canvas products,
burlap, truck and boat covers, and non-rubber fabrics); outdoor wood
building materials, such as particle board; lumber, patio decking,
fence posts, and other wood products; and in-service wood utility poles
and similar members.
EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessments for the naphthenate salts. Such comments and input could
address, for example, the availability of additional data to further
refine the risk assessments, such as dermal toxicity data to support
the wood preservation use; inhalation toxicity data, or could address
the Agency's risk assessment methodologies and assumptions as applied
to this specific pesticide.
Through this notice, EPA also is providing an opportunity for
interested parties to provide risk management proposals or otherwise
comment on risk management for the naphthenate salts. Risks of concern
associated with the use of the naphthenate salts are: Occupational
handler exposure and risks of concern resulting from preservation of
textiles and wood preservation; Residential handler exposure and risks
of concern resulting from application of preservative coatings/water
repellents for protection of outdoor-use wood/textiles (via brush/
roller and low pressure sprayer). In targeting these risks of concern,
the Agency solicits information on effective and practical risk
reduction measures.
EPA seeks to achieve environmental justice, the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income, in the development, implementation, and
enforcement of environmental laws, regulations, and policies. To help
address potential environmental justice issues, the Agency seeks
information on any groups or segments of the population who, as a
result of their location, cultural practices, or other factors, may
have atypical, unusually high exposure to the naphthenate salts,
compared to the general population.
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, the Agency is tailoring its public participation process to
be commensurate with the level of risk, extent of use, complexity of
the issues, and degree of public concern associated with each
pesticide. For the napthenate salts, a modified, 4-Phase process with
one comment period and ample opportunity for public consultation seems
appropriate in view of its refined risk assessment. However, if as a
result of comments received during this comment period EPA finds that
additional issues warranting further discussion are raised, the Agency
may lengthen the process and include a second comment period, as needed.
All comments should be submitted using the methods in ADDRESSES,
and must be received by EPA on or before the closing date. Comments
will become part of the Agency Docket for the napthenate salts.
Comments received after the close of the comment period will be marked
``late.'' EPA is not required to consider these late comments.
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 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
was completed by August 3, 2006.
List of Subjects
Environmental protection, Pesticides and pests, Antimicrobials,
Naphthenate salts
[[Page 40857]]
Dated: July 17, 2007.
Betty Shackleford,
Acting Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E7-14173 Filed 7-24-07; 8:45 am]
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