[Federal Register Volume 63, Number 246 (Wednesday, December 23, 1998)]
[Notices]
[Pages 71123-71126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34049]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34159; FRL-6053-6]


Initiation of Aluminum and Magnesium Phosphide Stakeholder 
Process; Notice of Availability of the Aluminum and Magnesium Phosphide 
Reregistration Eligibility Decision Document; and Proposed Risk 
Mitigation Measures for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of and starts a 90-day 
public comment period on the Reregistration Eligibility Decision (RED) 
document for the active ingredients aluminum and magnesium phosphide. 
The RED for these chemicals is the Agency's assessment of the health 
and environmental risks of the subject chemicals and presents the 
Agency's determination regarding which pesticidal uses are eligible for 
reregistration. The RED contains a listing of possible mitigation 
measures that the Agency is considering for these chemicals. The main 
focus of the comment period is to collect input on these proposed 
mitigation measures, their potential impacts, and alternative 
mitigation measures that would accomplish the necessary risk reduction. 
This notice also announces two national stakeholder meetings in Kansas 
City, MO, and Sacramento, CA. The Agency specifically is asking for 
input regarding the need for additional meetings in other parts of the 
country and is seeking letters of interest regarding participating in a 
stakeholder meeting.

DATES: Written comments on the RED must be submitted by March 23, 1999. 
The stakeholder meeting(s) are expected to be held in May and June of 
1999.

ADDRESSES: Three copies of comments identified with the docket control 
number ``OPP-34159'' and the case number (noted below) should be 
submitted to: By mail: Public Information and Records Integrity Branch, 
Information Resources and Services Division (7502C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. In person, deliver comments to the docket on the 
first floor (Room 119), Crystal Mall 2 (CM #2), 1921 Jefferson Davis 
Highway, Arlington, VA.
    Comments and data may also be submitted electronically to opp-
[email protected]. Please see Unit III. of this notice for 
additional instructions for electronic submissions. No Confidential 
Business Information (CBI) should be submitted through e-mail.
    Information submitted as a comment in response to this notice may 
be claimed confidential by marking any part or all of that information 
as CBI. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2. A copy of the 
comment that does not contain CBI must be submitted for inclusion in 
the public docket. Information not marked confidential will be included 
in the public docket without prior notice (including comments and data 
submitted electronically). The public docket and docket index, 
including printed paper versions of electronic comments, which does not 
include any information claimed as CBI will be available for public 
inspection on the first floor (Room 119) at the address given above, 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays.

FOR FURTHER INFORMATION CONTACT: Technical questions on the RED 
document or regarding the aluminum and magnesium phosphide stakeholder 
meetings as described above should be directed to Mark Hartman at (703) 
308-0734 or Hartman.M[email protected].
    To request a copy of the above listed RED document, a listing of 
the proposed risk mitigation measures or a RED Fact Sheet, contact the 
OPP Pesticide Docket, Public Information and Records Integrity Branch, 
first floor (Room 119), at the address given above or call (703) 305-
5805.

SUPPLEMENTARY INFORMATION:

I. Electronic Availability

    Electronic copies of this document and various support documents 
are available from the EPA home page at the Federal Register-
Environmental Documents entry for this document under ``Laws and 
Regulations'' (http://www.epa.gov/fedrgstr/).
    Electronic copies of the REDs and RED fact sheets can be downloaded 
from the Pesticide Reregistration Eligibility Decisions (REDs) home 
page at: http//www.epa.gov/REDs.

II. Background

    The Agency has issued a Reregistration Eligibility Decision (RED) 
document for the pesticidal active ingredients listed above. Under the 
Federal Insecticide, Fungicide, and Rodenticide Act, as amended in 1988 
and 1996, EPA is conducting a reregistration program to reevaluate the 
databases of existing pesticides to make sure they meet current 
scientific and regulatory standards. The data base to support the 
reregistration of each of the chemicals listed above is substantially 
complete.
    All registrants of products containing one or more of the above 
listed active ingredients have been sent the appropriate RED documents 
and must respond to product specific data requirements (if applicable) 
within 3 months of receipt. Any requirements for revision of labeling 
and use practices

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will be determined at the conclusion of the stakeholder process. When 
final risk mitigation measures are determined, registrants must make 
the needed label changes within 8 months. Products containing other 
active ingredients will not be reregistered until those other active 
ingredients are determined to be eligible for reregistration.
    The reregistration program is being conducted under congressionally 
mandated time frames, and EPA recognizes both the need to make timely 
reregistration decisions and to involve the public. Therefore, EPA is 
issuing this RED as a final document with a 90-day comment period. 
Although the 90-day public comment period does not affect the 
registrant's response due date, it is intended to provide an 
opportunity for public input and a mechanism for initiating amendments 
to the RED. All comments will be carefully considered by the Agency.

A. National Aluminum and Magnesium Phosphide Stakeholder Meeting(s)

    Given the high toxicity of aluminum and magnesium phosphide and 
potential risks posed to applicators, and occupational and residential 
bystanders (people in work areas not directly involved in fumigation/
aeration and people in nearby residential areas), the Agency has 
developed a number of mitigation measures which it proposes in order 
toreduce the risks outlined in the RED. However, since aluminum and 
magnesium phosphide have significant benefits and there are few, if 
any, viable alternatives, one of which is methyl bromide, the Agency 
believes that it is important that a broad stakeholder process be 
conducted to discuss these measures and/or to develop other workable 
mitigation measures that adequately protect occupational and 
residential bystanders.
    Therefore, the Agency is planning to conduct a public comment and 
stakeholder process to accomplish this objective.
    During the public comment period, commencing with the publishing of 
this notice, comments and suggestions will be collected and reviewed 
concerning these measures. Based upon this input, the proposed measures 
will be revised as needed. These revised mitigation measures will be 
discussed at stakeholder meetings that will be held in Kansas City, 
Missouri and Sacramento, California within 9 months from the issuance 
of the RED.
    The Agency is requesting input on whether there is a need for 
additional meetings at other locations. Any input on this question 
should be provided to the Agency no later than January 22, 1999. These 
meetings will be open to the public and will also include a focused 
group discussion regarding the proposed mitigation measures. The Agency 
is requesting letters of interest from stakeholders who would like to 
participate in such a group discussion. These letters should be 
provided to the Agency no later than February 8, 1999. For these 
meetings to be most efficient and successful, all interested parties 
and viewpoints will be welcomed and considered.
    Following the conclusion of this process, the Agency will make a 
final determination on the mitigation measures that must be adopted in 
order for products containing aluminum and magnesium phosphide to be 
eligible for reregistration. The outcome of this public comment and 
stakeholder process will affect all aluminum and magnesium phosphide 
products.

B. Consultation with United States Department of Agriculture Phosphine 
Task Force

    EPA has initiated work with a task force of experts on pest 
management in stored commodities. The Phosphine Task Force was 
assembled by the United States Department of Agriculture (USDA) and is 
made up of scientists from the Land Grant Universities and the USDA 
Agricultural Research Service. The Phosphine Task Force will work 
closely with the EPA during the public comment period and the 
stakeholder meetings to provide input on the proposed risk mitigation 
strategy. The Phosphine Task Force will help refine the proposed risk 
mitigation measures, examine implementation issues, and suggest 
alternative measures.

C. Proposed Risk Mitigation Measures

    The following is a summary list of the mitigation measures that are 
proposed for allaluminum and magnesium phosphide products. These 
measures are to be discussed aspart of the public review and 
stakeholder meeting process mentioned above. Please refer to Unit III. 
of the RED document if you would like a complete version of the 
riskmitigation proposals.
    1.  Notification of authorities and on-site workers. The Agency is 
proposing that applicators would be required to ensure that the local 
authorities (fire departments, police departments etc.) are notified of 
the date, time, and location of planned fumigation events at least 24 
hours in advance of beginning operations. The Agency is also proposing 
that the applicators would be required to notify any worker or other 
person who might be expected to be in the proximity of the fumigation/
aeration, prior to fumigation.
    2. Requirement for certified applicators. The Agency is proposing 
to require that all persons who conduct fumigation/aeration activities 
be a certified applicator or that certified applicators supervising the 
activity be within 50 feet of the operation and within clear sight-line 
of the persons conducting the operation. Current labels allow for non-
certified fumigators and aerators to conduct activities under the 
direct supervision and physical presence of a certified applicator. 
However, it is possible under this current language for the certified 
applicator to be a significant distance away from the actual operation, 
impeding his/her ability to adequately oversee the operations.
    3.  Prohibit aeration of railcars, railroad boxcars, other 
vehicles, and containers en-route. The Agency is proposing that 
aeration of fumigated railcars, railroad boxcars, shipping containers, 
and other vehicles while in transit would be prohibited. Labels would 
be required to include this prohibition.
    4. Placarding fumigated structures, containers, and vehicles. The 
Agency is proposing as a possible requirement that placards, or 
someother documentation that accompanies the structure/container/
vehicle, clearly state that prior to entering the structure/container/
vehicle a certified applicator or trained person under the supervision 
of a certified applicator must monitor the concentration of phosphine 
therein. Unloading where exposure to workers or bystanders is possible, 
or entry must not occur until the measured concentrations are below the 
pertinent standard unless appropriate PPE is worn. These placards must 
also contain information for reporting incidents which is consistent 
with the incident reporting program developed by the registrants.
    5.  Establish an incident reporting program. The Agency is 
proposing that registrants would be required to establish programs for 
the comprehensive reporting of incidents to the Agency on an annual 
basis.
    6.  Personal protective equipment. The Agency is proposing to 
require that all persons involved infumigation/aeration operations wear 
respiratory protection during those operations unless it can be 
verified via monitoring that the concentrations of phosphine are at or 
below the established standard. Personal protective equipment (PPE) 
would be required to be worn by any person conducting monitoring 
activities until concentrations are known to be

[[Page 71125]]

below the established limit. In the event of a spill or leak, a self-
contained breathing apparatus (SCBA) or supplied air would be required 
to be worn until the spill has been cleaned or the leak has been 
repaired.
    7.  Require two-man operation for any activity that would involve 
entry into a fumigated structure. The Agency is proposing that a 
minimum of two qualified persons would be needed to carry out any 
fumigation requiring entry into a structure. By implementing a two-man 
rule, if an applicator is unable to remove oneself from a dangerous 
exposure situation the second person can then assist in the safe 
removal of that person from danger. One person would be required to be 
a certified applicator and one person would need to be trained in the 
use of monitoring equipment and the health effects of phosphine gas.
    8.  Establish 500 foot buffer zone and restricted area around all 
fumigated structures. The Agency is proposing to prohibit the 
fumigation and aeration of structures that are within 500 feet of 
residential areas. Further, a 500 foot restricted area would be 
implemented for all areas/structures undergoing fumigation/aeration. 
These steps would be taken primarily to prevent exposure to residential 
bystanders. Prior to entry to this area monitoring would need to be 
conducted to ensure that the concentration of phosphine in the 
atmosphere is less than the 0.03 ppm standard or the limit of detection 
of the best available technology. Entry would not be allowed above that 
concentration unless appropriate PPE is worn. Placarding would be 
required to occur around the perimeter of the 500 foot restricted zone. 
Efforts would need to be made to request permission for placarding 
where placarding of the perimeter would involve other people's 
property.
    9. Institute more thorough monitoring around the commodity. The 
Agency is proposing to require stringent monitoring when unloading or 
otherwise disturbing a commodity that has been fumigated, since the 
level of phosphine gas may be higher at the core of the commodity than 
in the surrounding air. Monitoring at the door or hatch is insufficient 
in some cases. Therefore, concentrations would be required to be 
monitored at the top, middle, and bottom levels of the commodity/
storage facility, where feasible.
    10.  Require seal/leak testing for fumigated structures. The Agency 
is proposing that, prior to fumigation, the structure would undergo 
seal/leak testing using established methods to ensure that leakage 
during fumigation will not occur or is significantly minimized. Record 
of seal/leak testsmust be retained by the certified applicator. Leaks 
would need to be repaired prior to fumigation. Fumigation would 
prohibited in cases where substantial leaks are discovered and cannot 
be sealed.
    11. Establish a minimum distance from residences for burrow use and 
PPE for applicators during these applications.  The Agency is proposing 
that treatment of burrows for rodent control be prohibited within 100 
feet of a residence. Note that current labels have a restriction of 15 
feet, which may not be protective if burrow tunnels extend toward 
residences (basements). Applicators involved in the fumigation of 
animal burrows would be required to wear respiratory protection during 
the course of the operation. These actions would eliminate the 
residential uses of aluminum and magnesium phosphide but would allow 
for rodent control to continue under other circumstances. In cases of 
public health, where no other alternatives can be found, exceptions to 
this item may be made.
    12.  Notification of local residents. The Agency is proposing to 
require notification so that residents in adjoining properties can make 
decisions regarding temporarily leaving their property during 
fumigation. Such notification would also be required for commercial and 
industrial sites that are near a planned fumigation operation. The 
Agency proposes that the certified applicator would be required to 
ensure that all residents are notified within 750 feet of the fumigated 
structure.
    13.  Requirement for improved training for certified applicators. 
The Agency is proposing to require that the registrants work with the 
appropriate personnel in the Agency and in the States to develop a 
fumigator-specific certification program that adequately addresses all 
risks associated with the use of these chemicals. These programs would 
stress the highly toxic nature of the chemicals, fumigation/aeration-
specific issues, and the importance of understanding and following 
label language exactly. Also, those requirements that result from the 
outcomes of the stakeholder meetings, must be emphasized. This effort 
would also include consideration of the most effective method of 
delivering this training.
    14. Monitoring methods to minimize exposure. The Agency is 
proposing to require additional monitoring of areas around fumigated 
structures in order to reduce the potential for occupational and 
residential bystander exposure to phosphine. The Agency is further 
proposing to require that no fumigated structure be entered until it 
can be verified that the concentrations of phosphine present are at or 
below the 0.03 ppm standard unless appropriate PPE is worn. A certified 
applicator or other competent person (industrial hygienist etc.) Would 
be required to conduct the monitoring. All fumigation/aeration 
operations would be covered by this requirement including outdoor 
operations.
    The Agency recognizes that current technology may not be capable of 
detecting phosphine at the 0.03 ppm level. Therefore, the best 
available technology would be used with the limit of detection acting 
as the standard until new technology becomes available at which time 
the 0.03 ppm standard would be required.
    The Agency is aware of a ``real-time'' direct-read device 
technologies with a limitof detection of 0.05 ppm that are currently 
available. These devices can be equipped with audible alarms and data 
loggers.
    15.  Establish and define applicable exposure limits for the label. 
The Agency is proposing to require that all applicable safety standards 
appear on the label.

III. Public Record and Electronic Submissions

    The official record for this notice, as well as the public version, 
has been established under docket control number ``OPP-34159'' 
(including comments and data submitted electronically as described 
below). A public version of this record, including printed, paper 
versions of electronic comments, which does not include any information 
claimed as CBI, is available for inspection from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The official record is 
located at the address in ``ADDRESSES'' at the beginning of this 
document.
    Electronic comments can be sent directly to EPA at:
    [email protected]


    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. Comment and data 
will also be accepted on disks in Wordperfect 5.1/6.1 file format or 
ASCII file format. All comments and data in electronic form must be 
identified by the docket control number (OPP-34159). Electronic 
comments on this notice may be filed online at many Federal Depository 
Libraries.

List of Subjects

    Environmental protection, Fumigation


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    Dated: December 18, 1998.

Jack E. Housenger,

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

[FR Doc. 98-34049 Filed 12-22-98; 8:45 am]
BILLING CODE 6560-50-F