[Federal Register Volume 65, Number 115 (Wednesday, June 14, 2000)]
[Notices]
[Pages 37383-37385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14870]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00654; FRL-6553-4]


Pesticides; Guidance for Pesticide Registrants on Disposal 
Instructions on Residential/Household Use Pesticide Product Labels

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: The Agency seeks public comment on a draft Pesticide 
Registration (PR) Notice entitled ``Disposal Instructions on 
Residential/Household Use Product Labels.'' This draft notice would 
provide guidance to registrants concerning disposal instructions for 
residential/household products and how to determine what is a 
residential/household product. The Agency has discovered that the 
existing instructions may conflict with the laws, regulations, or 
practices of some states and localities which tell consumers to direct 
these materials away from their landfills and instead to their local 
household hazardous waste (HHW) management facilities or programs. 
Through the revised instructions in the PR Notice, EPA addresses this 
issue.

DATES: Comments, identified by docket control number OPP-00654, must be 
received on or before August 14, 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.C. of the ``SUPPLEMENTARY INFORMATION.'' To ensure 
proper receipt by EPA, it is imperative that you identify docket 
control number OPP-00654 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Amy Breedlove (7506C), Environmental 
Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 308-9069; fax number: 
(703) 305-5884; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. Although this 
action may be of particular interest to those persons who are required 
to register, regulate, or label pesticides, or who manage or regulate 
household hazardous waste facilities or collection events, 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 
information in this notice, consult the person listed under ``FOR 
FURTHER INFORMATION CONTACT.''

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 the PR Notice from the Office of Pesticide Programs' Home 
Page at http://www.epa.gov/pesticides. You can also go directly to the 
listings 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.
    2. Fax-on-demand. You may request a faxed copy of the draft PR 
Notice entitled ``Disposal Instructions on Residential/Household Use 
Pesticide Product Labels,'' by using a faxphone to call (202) 401-0527 
and selecting item 6127. You may also follow the automated menu.
    3. In person. The Agency has established an official record for 
this action under docket control number OPP-00654. 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. 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 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?

    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-00654 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., Washington, DC 
20460.

[[Page 37384]]

    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA. The PIRIB is open from 8:30 
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 above. 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 6, 
Suite 8, or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-00654. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI 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 identified under ``FOR FURTHER INFORMATION 
CONTACT.''

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

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. 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 Guidance Does this PR Notice Provide?

    Since the early 1980's, the Agency has directed that products 
intended for residential or household-use-only contain the following, 
or a similar, disposal instruction: ``Securely wrap original container 
in several layers of newspaper and discard in trash.'' Some registered 
disinfectant product disposal instructions were allowed to say instead, 
``pour down the drain with plenty of water.''
    In 1996, EPA began the Consumer Labeling Initiative (CLI) to foster 
pollution prevention, empower consumer choice, and improve consumer 
understanding of safe use, environmental, and health information on 
household consumer product labels, including indoor insecticides, 
outdoor pesticides, and household hard surface cleaners. To achieve 
this goal, the CLI conducted consumer research, with its project 
Partners, to identify how to provide consumers with clear information 
on product labels.
    During Phase I of the CLI research, the Agency discovered that 
states and localities often direct the disposal of residential/
household use pesticides to their local household hazardous waste (HHW) 
management facilities or programs rather than to landfills. While some 
HHW management programs are based on State laws, more frequently 
municipal codes, local practices and educational programs have been 
developed that tell consumers what to do with these materials. 
Understandably, the differences in disposal instructions may confuse 
consumers, complicate local educational efforts, and interfere with 
state and local responsibilities. Consensus could not be reached by the 
CLI partners on revised disposal language, so this issue was removed 
from the CLI project and is being addressed through this PR Notice 
process instead.
    In this PR Notice, the Agency is proposing instructions that direct 
consumers to call their local solid waste agency or a toll-free phone 
number for disposal instructions for partly filled containers.

B. What Questions/Issues Should You Consider?

    1. Toll-free numbers. (a) When considering issues related to label 
language, it may be relevant to remember the average size of consumer 
product labels and the other labeling requirements that already exist. 
Is there value in including a toll-free number (or an optional web site 
reference) in the disposal instruction?
    (b) The Agency has proposed the 1-800-CLEANUP number for consumer 
information. Is this an appropriate number? Are there others that 
should be considered or allowed?
    2. Providing a reason for correct disposal. Should the label 
provide information telling consumers why they should follow the 
instructions? For example, the Agency could encourage the use of 
statements concerning the potential for water pollution or hazards to 
people or wildlife.
    3. Additional statements. Is a statement needed telling people not 
to dispose of aerosol products in home trash compacters?
    4. Instructions for partly filled containers. (a) EPA has proposed 
to use ``solid waste agency''as the preferred term for consumers to 
identify their local authority. Should the Agency also refer to public 
health, environmental, or recycling agencies in order to provide 
consumers with other options?
    (b) Should the instructions say ``call your local solid waste 
agency . . .'' and not make any reference to putting products in the 
trash at all? What instructions should be included to address the 
situation where there may be no local source of information?
    (c) The Agency proposes instructions that are generic for all 
products, regardless of risk profile. If such instructions were, 
instead, based on an Agency evaluation of risk of individual products, 
how would such instructions differ among products of significantly 
different risk? If a risk assessment approach were used, what data or 
information would the Agency need, and what level of risk assessment 
should be used to arrive at a risk-based disposal instruction?
    (d) Should products with certain physical characteristics, such as 
ant or roach baits, flea collars, or traps containing pheromones, be 
excluded

[[Page 37385]]

automatically from the requirement to ``call your local solid waste 
agency''? If so, what types of products should be excluded?
    5. Rinsing and recycling of containers. (a) Many ready-to-use 
products are in containers that can't be opened, so rinsing the 
container or removing the sprayer head is not feasible. Furthermore, 
recycling of pesticide containers, where it occurs, is very much a 
market-driven activity. For these reasons, should the Agency simply 
direct consumers to call their local authorities for recycling 
instructions?
    (b) Is the phrase ``Do not rinse, unless required for recycling'' 
useful?

C. Why is a PR Notice Guidance and Not a Rule?

    The draft PR Notice discussed in this notice is intended to provide 
guidance to EPA personnel and decision-makers, and to the public. As a 
guidance document and not a rule, this policy is not binding on either 
EPA or any outside parties. Although the guidance document provides a 
starting point for EPA decisions, EPA will depart from this policy 
where the facts or circumstances warrant. In such cases, EPA will 
explain why a different course was taken. Similarly, outside parties 
remain free to assert that this policy is not appropriate for a 
specific pesticide or that the specific circumstances demonstrate that 
this policy should be modified.
    EPA has stated in this notice that it will make available revised 
guidance after consideration of public comment. Public comment is not 
being solicited for the purpose of converting this guidance document 
into a binding rule. EPA will not be codifying this policy in the Code 
of Federal Regulations. EPA is soliciting public comment so that it can 
make fully informed decisions regarding the content of this guidance.
    The ``revised'' guidance will not be an unalterable document. Once 
a ``revised'' guidance document is issued, EPA will continue to treat 
it as guidance, not a rule. Accordingly, on a case-by-case basis EPA 
will decide whether it is appropriate to depart from the guidance or to 
modify the overall approach in the guidance. In the course of 
commenting on this guidance document, EPA would welcome comments that 
specifically address how the guidance document can be structured so 
that it provides meaningful guidance without imposing binding 
requirements.

List of Subjects

    Environmental protection, Administrative practice and procedure, 
Pesticides and pest.

    Dated: June 2, 2000.
Marcia E. Mulkey,
Director, Office of Pesticide Programs.
[FR Doc. 00-14870 Filed 6-13-00; 8:45 am]
BILLING CODE 6560-50-F