[Federal Register Volume 61, Number 248 (Tuesday, December 24, 1996)]
[Notices]
[Pages 67800-67801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32526]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-42075A; FRL-5382-2]


Oregon Plan for Certification of Pesticide Applicators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Approval of Amendment to Oregon Certification Plan.

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SUMMARY: On December 6, 1995, EPA published a Notice of Intent to amend 
the Oregon plan for the certification of applicators of restricted use 
pesticides. This amendment permits the certification of applicators of 
1080 Livestock Protection Collars (LPC). Notice is hereby given of EPA 
approval of this amendment to the Oregon Certification Plan.

FOR FURTHER INFORMATION CONTACT: Allan Welch, U.S. Environmental 
Protection Agency, Region 10, 1200 Sixth Avenue, Eighth Floor, Seattle, 
WA 98101. Telephone: (206) 553-1980, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The final decision permitting registration of 1080 LPC was signed 
by Lee M. Thomas, Assistant Administrator for Solid Waste and Emergency 
Response, on October 31, 1983 (FIFRA Docket 502). This final decision 
requires applicators of 1080 LPC to receive specific training and to 
comply with recordkeeping and reporting requirements beyond that of 
applicators of other restricted use pesticides. For these reasons EPA 
has required a distinct certification process for applicators of 1080 
LPC collars. To meet

[[Page 67801]]

this requirement Oregon amended their existing certification plan. This 
amendment establishes a 1080 LPC subcategory under their existing 
regulatory pest control category.
    Oregon will only be certifying employees of the U.S. Department of 
Agriculture, Animal Damage Control (ADC), as 1080 LPC applicators. 
Certification granted ADC employees will permit them to utilize 1080 
LPC in performance of their official duties. ADC estimates that 
approximately 34 employees of ADC will seek certification under the 
1080 LPC subcategory. The only registrant of 1080 LPC in Oregon is the 
ADC. Therefore, the ADC will be the source of 1080 LPC collars.
    The Oregon 1080 Livestock Protection Collar Plan is more 
restrictive than the federal requirements in the following areas: use 
is limited to ADC agents, and monitoring and tracking of collars must 
be done twice per week rather than once per week.
    The amendment to the Oregon certification plan contains a draft 
Memorandum of Agreement between the Oregon Department of Agriculture 
(ODA) and the ADC addressing their respective roles and 
responsibilities. The ODA will oversee the activities of the ADC in its 
roles both as registrant and as employer/supervisor of 1080 LPC 
applicators. In addition to its responsibilities as registrant, the ADC 
will provide training and supervision to its 1080 LPC applicators. 
Certification and recertification will be based upon a written 
examination administered by the ODA. Recertification will be required 
every 5 years.

II. Discussion of Comments

    Approximately 190 commenters responded with a few commenters 
submitting multiple comments. Of the comments received approximately 50 
favored approval of the amendment establishing a 1080 Livestock 
Protection Collar Certification Plan. The remaining approximately 140 
commenters opposed approval of the amendment. The comments on both 
sides of the approval question focused on the need for the 1080 LPC, 
its effectiveness, the effectiveness and availability of alternative 
means of control, and its safety to man, animals and the environment.
    The notice of intent to approve the amendment to Oregon 
Certification Plan asked for comments on the proposed amendments to the 
Oregon Certification Plan. None of the comments in opposition 
specifically addressed the provisions of the Oregon plan. The opposing 
comments addressed registration of the 1080 LPC with the most common 
comment being that the 1080 LPC should not be registered because of its 
toxicity. The comments directed at the registration of the 1080 LPC are 
outside the scope of the Notice of Intent to Approve the Oregon 1080 
LPC Plan; these comments could not be addressed. Information on the 
registration of 1080 however, is addressed in the Reregistration 
Eligibility Decision (RED) that was published in 1995 on sodium 
fluoroacetate (Compound 1080). The document number is (EPA 738-R95-
025). The sodium fluoroacetate RED contains the Agency's evaluation of 
the data base of this chemical, its conclusions of the potential human 
health and environmental risks of the current product's use, and its 
decisions and conditions under which this use and products will be 
eligible for reregistration. The RED has been included in the docket 
accompanied by the October 31, 1983 final decision, concerning 
registration applications to use sodium fluoroacetate to control 
predators. Both documents along with comments received on the Notice of 
Intent to Approve the Oregon 1080 LPC Plan can be reviewed at any time 
during normal business hours at the addresses noted at the end of this 
notice. The RED can also be obtained through the National Technical 
Information Service (NTIS). Orders may be placed to NTIS by telephone 
at the following number: (703) 487-4650, or by mail to the following 
address: National Technical Information Service, ATTN: Order Desk, 
52854 Port Royal Road, Springfield, Virginia 22161.
    Most of those commenting in favor of the proposal also confined 
their comments to the general question of 1080 LPC use. However, some 
of those commenting in favor of the proposed amendment addressed the 
administrative controls contained in the proposed 1080 LPC amendment. 
These comments generally addressed the fact that only ADC officials 
would be certified to use 1080 LPC and the control of access to 1080 
LPC provided by this provision.
    No comments were received that addressed or demonstrated how the 
Oregon proposed 1080 LPC amendment failed to meet the requirement for 
approval contained in FIFRA, the regulations at 40 CFR part 171, the 
labeling, and the Administrator's final decision. EPA continues to 
monitor the registration and use of the 1080 LPC to assure restrictions 
are adequate for minimizing risks to human health and the environment. 
EPA and the ODA plan to closely monitor the use of 1080 LPC's by the 
ADC to ensure compliance with the Plan and label requirements. Reports 
of misuse or problems connected with the use of 1080 LPC should be 
directed to the EPA or the ODA. Address and phone numbers can be found 
below.
    The amendment to the Oregon Certification Plan for the 
certification of 1080 LPC applicators is approved.
    Copies of the Oregon approved plan amendment and comments are 
available for review at the following locations during normal business 
hours:
    1. U.S. Environmental Protection Agency, Region 10, Pesticides 
Unit, 1200 Sixth Avenue, Eighth Floor, Seattle, Washington 98101. 
Telephone (206) 553-1980.
    2. U.S. Environmental Protection Agency, Office of Pesticide 
Programs, Crystal Mall #2, 1921 Jefferson Davis Highway, Room 1121, 
Arlington, VA 22202. Telephone (703) 305-7370.
    3. Oregon Department of Agriculture, Plant Division, 635 Capitol 
Street N.E., Salem, Oregon 97310. Telephone (503) 986-4635.

    Dated: December 3, 1996.
Charles Clarke,
Regional Administrator, Region 10.

[FR Doc. 96-32526 Filed 12-23-96; 8:45 am]
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