[Federal Register Volume 65, Number 37 (Thursday, February 24, 2000)]
[Proposed Rules]
[Pages 9234-9236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4415]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 165

[OPP-190001C; FRL-6495-4]
RIN 2070-AB95


Standards for Pesticide Containers and Containment; Reopening of 
Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: On October 21, 1999 (64 FR 56918), EPA reopened the comment 
period on the proposed rule ``Standards for Pesticide Containers and 
Containment'' (59 FR 6712, February 11, 1994) to obtain comment on four 
specific issues. On December 21, 1999, EPA published a notice in the 
Federal Register to extend the comment period by 60 days until February 
19, 2000. EPA is now reopening the comment period for an additional 30 
days until March 20, 2000. The October 21, 1999 notice solicited 
comments on potential changes that would reduce the scope of the 
container standards, add an exemption for certain antimicrobial 
pesticides, and adopt some of the Department of Transportation (DOT) 
hazardous materials regulations. That notice also requested comments on 
the definition for small business used to identify small pesticide 
formulators, agrichemical dealers and commercial pesticide applicators 
in the small entity impact analysis. These potential changes, if 
adopted in the final rule, would support EPA's goal of pollution 
prevention by promoting the use of refillable containers and would 
harmonize and promote consistency within the Federal packaging 
standards by adopting the DOT standards. In addition, the changes would 
decrease

[[Page 9235]]

the estimated economic impact by reducing the number of pesticide 
products subject to the container requirements compared to the original 
proposal.

DATES: Comments, identified by the docket control number OPP-190001C, 
must be received on or before March 20, 2000.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPP-190001C in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Nancy Fitz, Field and External Affairs 
Division (7506C), Office of Pesticide Programs, Environmental 
Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 305-7385; fax number: 
(703) 308-3259; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    You may be potentially affected by this action if you are a 
pesticide formulator, agrichemical dealer, or an independent commercial 
applicator. However, the issues addressed in this action apply mainly 
to pesticide formulators. Potentially affected categories and entities 
may include, but are not limited to:

 
------------------------------------------------------------------------
                                                 Examples of Potentially
           Categories             NAICS    SIC      Affected Entities
------------------------------------------------------------------------
Pesticide formulators..........    32532   2879  Establishments that
                                                  formulate and prepare
                                                  insecticides,
                                                  fungicides,
                                                  herbicides, or other
                                                  pesticides from
                                                  technical chemicals or
                                                  concentrates produced
                                                  by pesticide
                                                  manufacturing
                                                  establishments. Some
                                                  formulating
                                                  establishments are
                                                  owned by the large
                                                  basic pesticide
                                                  producers and others
                                                  are independent.
Agrichemical dealers...........    44422   5191  Retail dealers that
                                                  distribute or sell
                                                  pesticides to
                                                  agricultural users.
Independent commercial            115112   0721  Businesses that apply
 applicators.                                     pesticides for
                                                  compensation (by
                                                  aerial and/or ground
                                                  application) and that
                                                  are not affiliated
                                                  with agrichemical
                                                  dealers.
------------------------------------------------------------------------

    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 above could also be 
affected. The Standard Industrial Classification (SIC) codes and the 
North American Industrial Classification System (NAICS) codes have been 
provided to assist you and others in determining whether or not this 
action applies to certain entities. To determine whether you or your 
business is affected by this action, you should carefully examine the 
applicability provisions in Unit VII of the proposed rule published in 
the Federal Register of October 21, 1999 (64 FR 56918) and in 
Secs. 165.100, 165.120, 165.122, 165.140, 165.141, and 165.142 of the 
original proposed rule (59 FR 6712, February 11, 1994). If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

B. How can I get additional information, including copies of this 
document and other related documents?

    1. Electronically. You may obtain electronic copies of this 
document and various support documents from the EPA internet Home Page 
at http://www.epa.gov/. 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/.
    2. In person. The EPA has established an official record for this 
action under docket control number OPP-190001C. 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 confidential business information (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. A public version of this record, including printed, 
paper versions of any electronic comments submitted during the comment 
period is available for inspection in the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Highway, 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.

C. How and to whom do I submit comments?

    As described in Unit I. of the proposed rule published in the 
Federal Register of October 21, 1999 (64 FR 56918) (FRL-5776-3), you 
may submit your comments through the mail, in person, or 
electronically. Please follow the instructions that are provided in the 
proposed rule. Do not submit any information electronically that you 
consider to be CBI. To ensure proper receipt by EPA, be sure to 
identify docket control number OPP-190001C in the subject line on the 
first page of your response.

D. 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 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. A copy of the comment that does 
not contain 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 by EPA without 
prior notice. If you have any questions about CBI or the procedures for 
claiming CBI, please consult with the person identified in the FOR 
FURTHER INFORMATION CONTACT section.

E. What should I consider as I prepare my comments for EPA?

    We invite you to provide your views on the various options we 
discuss in this document, new approaches we haven't considered, the 
potential impacts of the various options (including possible unintended

[[Page 9236]]

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.
     Describe any assumptions that you use.
     Provide solid technical information and/or data to support 
your views.
     If you estimate potential burden or costs, explain how you 
arrive at the estimate.
     Tell us what you support, as well as what you disagree 
with.
     Provide specific examples to illustrate your concerns.
     Offer alternative ways to improve the rule.
     Make sure to submit your comments by the deadline in this 
notice.
     To ensure proper receipt by EPA, be sure to 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.

II. Background

A. What action is EPA taking?

    EPA is reopening the comment period for 30 days in response to two 
requests for additional time to prepare comments. On October 21, 1999 
(64 FR 56918) (FRL-5776-3), EPA reopened the comment period on the rule 
``Standards for Pesticide Containers and Containment'' to obtain 
comment on four specific issues. The October 21, 1999 Federal Register 
notice solicited comments on four aspects of the original 1994 proposed 
rule that proposed container design and residue removal requirements 
for refillable and nonrefillable pesticide containers and standards for 
pesticide containment structures. (59 FR 6712, February 11, 1994) (FRL-
4168-9). Because of the lengthy time period between the original 
proposal in 1994 and the October 21, 1999 notice to reopen the comment 
period, EPA believes that granting an additional 30 days is warranted.

B. What is the agency's authority for taking this action?

    EPA proposed the standards for pesticide containers and containment 
based on the authority in section 19 of the Federal Insecticide, 
Fungicide, and Rodenticide Act.

III. Do Any Regulatory Assessment Requirements Apply to This 
Action?

    No. This action is not a rulemaking, it merely extends the date by 
which public comments must be submitted to EPA on a proposed rule that 
previously published in the Federal Register of October 21, 1999 (64 FR 
56918). For information about the applicability of the regulatory 
assessment requirements to that proposed rule, which published in the 
Federal Register, please refer to the discussion in Unit X of that 
document.

List of Subjects in 40 CFR Part 165

    Environmental protection, Antimicrobial pesticides, Packaging and 
containers, Pesticides and pests.

    Dated: February 19, 2000.
Susan H. Wayland,
Deputy Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
[FR Doc. 00-4415 Filed 2-18-00; 5:01 pm]
BILLING CODE 6560-50-F