[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Notices]
[Pages 42943-42945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20315]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34191; FRL-6093-8]


Organophosphate Pesticide; Pesticide Registration Notice; 
Availability for Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability for public comment of a 
Pesticide Registration Notice that presents EPA's proposed approach for 
managing risks from organophosphate pesticides to occupational users. 
The approach described in this notice applies to both workers and 
handlers as defined by the Worker Protection Standard (WPS), and other 
persons not specifically covered by WPS, who nonetheless perform 
similar activities and are exposed to pesticides in a similar manner. 
In general, this proposed approach provides for baseline protective 
measures for all occupational situations where these measures are 
feasible and where current risk assessments show that they are 
necessary, including closed mixing and loading systems, enclosed cab 
equipment or equivalent protective clothing, and increased reentry 
intervals. Further, this notice outlines the steps that EPA will take 
to address situations when the baseline mitigation measures are not 
feasible, or situations where maximum feasible mitigation is

[[Page 42944]]

still inadequate to protect occupational users.

DATES: Comments, identified by docket control number OPP-34191, must be 
received by EPA on or before October 5, 1999.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit III. of the ``SUPPLEMENTARY INFORMATION'' section. To 
ensure proper receipt by EPA, it is imperative that you identify docket 
control number OPP-34191 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Linda Werrell, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; 
telephone numbers: (703) 308-8033 and fax number: (703) 308-8041; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

     You may be potentially affected by this notice if you manufacture 
or formulate pesticides. Potentially affected categories and entities 
may include, but are not limited to:


 
------------------------------------------------------------------------
                                                          Examples of
           Categories                    NAICS            potentially
                                                       affected entities
------------------------------------------------------------------------
Pesticide producers               32532               Pesticide
                                                       manufacturers
                                                      Pesticide
                                                       formulators
------------------------------------------------------------------------


    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed could also be affected. If 
available, the North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether or not this notice affects certain entities. If you have any 
questions regarding the applicability of this announcement to you, 
consult the person listed in the ``FOR FURTHER INFORMATION CONTACT'' 
section.

II. How Can I Get Additional Information, Including Copies of this 
Document or Other Related Documents?

A. Electronically

     You may obtain electronic copies of this document and other 
related documents from the EPA Internet Home Page at http://
www.epa.gov/. To access this document, on the Home Page select ``Laws 
and Regulations'' and then look up the entry for this document under 
the ``Federal Register--Environmental Documents.'' You can also go 
directly to the Federal Register listings at http://www.epa.gov/
fedrgstr/.
     To obtain electronic copies of the proposed Pesticide Regulation 
Notice mentioned in this notice, you can go directly to the Home Page 
for the Office of Pesticide Programs (OPP) at http://www.epa.gov/
pesticides/op/fedreg.htm. You may access information about 
organophosphate pesticides at http://www.epa.gov/pesticides/op/.

B. In Person

     The Agency has established an official record for this action 
under docket control number OPP-34191. The official record consists of 
the documents specifically referenced in this action, any public 
comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as CBI. This official record includes the documents that are physically 
located in the docket, as well as the documents that are referenced in 
those documents. The public version of the official record does not 
include any information claimed as CBI. The public version of the 
official record, which includes printed, paper versions of any 
electronic comments submitted during an applicable comment period, is 
available for inspection in Rm. 119, Crystal Mall #2, 1921 Jefferson 
Davis Hwy., Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The PIRIB telephone number is (703) 
305-5805.

III. How Can I Respond to this Action?

A. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-34191 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: 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.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division, Office of Pesticide Programs, Environmental 
Protection Agency, Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., 
Arlington, VA. The Document Control Office (DCO) is open 8 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
     3. Electronically. You may submit your comments electronically by 
e-mail to: ``[email protected],'' or you can submit a computer disk as 
described in this unit. Do not submit any information electronically 
that you consider to be CBI. Avoid the use of special characters and 
any form of encryption.Electronic submissions will be accepted in 
WordPerfect 5.1/6.1 or ASCII file format. All comments in electronic 
form must be identified by docket control number OPP-34191. Electronic 
comments may also be filed online at many Federal Depository Libraries.

B. How Should I Handle CBI Information that I Want to Submit to the 
Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI 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. In addition to one complete 
version of the comment that includes any 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 version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed in the ``FOR FURTHER INFORMATION 
CONTACT'' section.

C. What Should I Consider as I Prepare My Comments for EPA?

    We invite you to provide your views on the various options we 
propose, new approaches we haven't considered, the potential impacts of 
the various options (including possible unintended consequences), and 
any data or information that you would like the Agency to consider 
during the development of the final action. You may find the following 
suggestions helpful for preparing your comments:
     Explain your views as clearly as possible.

[[Page 42945]]

     Describe any assumptions that you used.
     Provide copies of any technical information and/or data 
you used that support your views.
     If you estimate potential burden or costs, explain how you 
arrived at the estimate.
      Provide specific examples to illustrate your concerns.
      Offer alternative ways to improve the rule or collection 
activity.
      Make sure to submit your comments by the deadline in this 
notice.
      At the beginning of your comments, be sure to properly 
identify the document you are commenting on. To ensure proper receipt 
by EPA, it is imperative that you identify the docket control number 
assigned to this action in the subject line on the first page of your 
response. You may also provide the name, date, and Federal Register 
citation.

D. Are There Issues on Which EPA is Particularly Interested in 
Receiving Comment?

    Comments are encouraged on any aspect of the Pesticide Registration 
Notice mentioned in this notice. EPA is particularly interested in 
comments on the following matters:
    1. Is EPA's definition of closed systems and closed cabs too broad 
or too specific? Should EPA adopt the same standards as California for 
closed systems?
    2. What technologies are available or under development to reduce 
exposure to occupational users in green houses and during orchard 
applications? Are there other agricultural applications for which 
closed cabs are not currently feasible?
    3. The Pesticide Registration Notice gives one example of the 
industry moving toward automated or technological replacements for 
human occupational users (the substitution of Geographic Positioning 
Systems (GPS) or mechanical flaggers for human flaggers in aerial 
applications). Are there other examples where agricultural work 
functions could be automated ?
    4. In many cases, existing re-entry intervals (REIs) for 
organophosphate pesticide uses may be inadequate. Where feasible, EPA 
will seek to extend re-entry intervals, however, there are practical 
limits on the length of re-entry intervals. What other measures should 
EPA consider to protect occupational users re-entering treated fields? 
Is testing/monitoring of plant residues prior to harvest practical?
    5. For retained uses where exposure to occupational users is still 
a concern, EPA may require biological monitoring for occupational user 
populations of concern. As many organophosphate pesticide uses are of 
concern, what is the most efficient approach to monitoring occupational 
user populations?

IV. What Action is EPA Taking in this Notice?

    This notice announces the availability for public comment of a 
Pesticide Registration Notice that presents EPA's proposed approach for 
managing risks from organophosphate pesticides to occupational users. 
The approach described in this notice applies to both workers and 
handlers as defined by the Worker Protection Standard (WPS), and other 
persons not specifically covered by WPS, who nonetheless perform 
similar activities and are exposed to pesticides in a similar manner. 
The proposed risk management approach that is outlined in this 
Pesticide Registration Notice would be used in developing the 
individual organophosphate pesticide occupational risk management 
decisions, which will be proposed for public comment as part of the 
pilot public participation process that EPA and Department of 
Agriculture (USDA) are now using for involving the public in the 
reassessment of pesticide tolerances under the Food Quality Protection 
Act (FQPA), and the reregistration of individual organophosphate 
pesticides under the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA). The pilot public participation process was developed as 
part of the EPA-USDA Tolerance Reassessment Advisory Committee (TRAC), 
which was established in April 1998, as a subcommittee under the 
auspices of EPA's National Advisory Council for Environmental Policy 
and Technology. A goal of the pilot public participation process is to 
find a more effective way for the public to participate at critical 
junctures in the Agency's development of organophosphate pesticide risk 
assessments and risk management decisions. EPA and USDA began 
implementing this pilot process in August 1998, to increase 
transparency and opportunities for stakeholder consultation.
    The Agency is proposing this approach for managing risk to 
occupational users of organophosphate pesticide products at this time 
because the organophosphate pesticide occupational risk assessments 
developed thus far indicate, with few exceptions, that risk management 
measures beyond those specified by the Worker Protection Standard (40 
CFR part 170) will be needed to adequately protect occupational users 
of these products. In many cases, the organophosphate pesticide risk 
assessments show that even when the maximum feasible protective 
clothing and engineering controls are used, risks to occupational users 
still exceed the Agency's levels of concern. In such instances, EPA is 
required by FIFRA to weigh these risks against the benefits of the 
pesticide's use. The Agency is outlining its proposed decision process 
in this notice because early notification to registrants will help to 
ensure that occupational risk management decisions for the 
organophosphate pesticides will be approached consistently and 
implemented equitably. The Agency also believes this early notification 
will encourage the voluntary adoption of measures to reduce risks to 
occupational users as soon as possible.

List of Subjects

     Environmental protection, Chemicals, Pesticides and pests.

    Dated: August 2, 1999.

Marcia E. Mulkey,

Director, Office of Pesticide Programs.

[FR Doc. 99-20315 Filed 8-5-99; 8:45 am]
BILLING CODE 6560-50-F