Environmental Protection Agency (EPA).
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.
Comments must be received on or before October 10, 2006.
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.Start Further Info
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: firstname.lastname@example.org.End Further Info End Preamble Start Supplemental 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:Start Printed 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.
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.Start List of Subjects
List of SubjectsEnd List of Subjects Start Signature
Dated: August 1, 2006.
Director, Special Review and Reregistration Division, Office of Pesticide Programs.
[FR Doc. E6-12905 Filed 8-8-06; 8:45 am]
BILLING CODE 6560-50-S