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Petition to Revoke all Tolerances and Cancel all Registrations for the Pesticide 2,4-Dichlorophenoxyacetic Acid; Notice of Availability

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Environmental Protection Agency (EPA).




EPA is seeking public comment on a November 6, 2008, petition from the Natural Resources Defense Council (NRDC), requesting that the Agency revoke all tolerances and cancel all registrations for the pesticide 2,4-dichlorophenoxyacetic acid (2,4-D). The petitioner, NRDC, requests this action to obtain what they believe would be proper application of the safety standards of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), section 408, as amended by the Food Quality Protection Act (FQPA) of 1996.


Comments must be received on or before February 23, 2009.


Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2008-0877, by one of the following methods:

  • Federal eRulemaking Portal: 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 Facility'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-2008-0877. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at, 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. Start Printed Page 79101Do not submit information that you consider to be CBI or otherwise protected through or e-mail. The website 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, 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 at 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, 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.

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Cathryn O'Connell, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-0136; fax number: (703) 308-7070; e-mail address: oconnell.cathryn

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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. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action.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 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).

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 requests public comment during the next 60 days on a petition (available under docket ID number EPA-HQ-OPP-2008-0877) received from the NRDC requesting that the Agency revoke all tolerances (maximum legal residue limits) and cancel all registrations for the pesticide 2,4-D. The petitioner, NRDC, claims that EPA cannot make a finding that there is a reasonable certainty of no harm from dietary residues of 2,4-D and, therefore, that the Agency must revoke all tolerances established under section 408 of FFDCA, as amended by FQPA.

As a part of the petition, NRDC claims that the Agency did not consider the full spectrum of potential human health effects associated with 2,4-D in connection with EPA's reassessment of the existing 2,4-D tolerances, and EPA's environmental risk assessment including:

1. Information on the endocrine disrupting effects of 2,4-D.

2. Information on the neurotoxicity related to 2,4-D exposure.

3. Information that products containing 2,4-D are mutagenic.

4. Data showing that dermal absorption of 2,4-D is enhanced by alcohol consumption, sunscreen, and DEET which the EPA's exposure assessment failed to include.

5. Information about adverse developmental effects at doses below those included in EPA's risk assessment for exposure of infants to 2,4-D in breast milk.

EPA's risk assessment of 2,4-D and findings on whether the tolerances for 2,4-D comply with the safety standard in FFDCA section 408, as amended by FQPA, are contained in the Reregistration Eligibility Decision (RED) document for 2,4-D which is available on EPA's pesticide webpage at​pesticides/​reregistration/​status.htm. Docket materials for this pesticide are available in the electronic docket at;​ risk assessment and related documents for this pesticide can be found under docket ID number EPA-HQ-OPP-2004-0167.

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

This action is taken under the authority of FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3).

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Dated: December 16, 2008.

Margaret J. Rice,

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

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[FR Doc. E8-30527 Filed 12-23-08; 8:45 am]