[Federal Register Volume 65, Number 181 (Monday, September 18, 2000)]
[Notices]
[Pages 56305-56307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23940]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34180B; FRL-6744-7]


Pesticides; Chlorine Gas

AGENCY:  Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY:  On February 22, 1999, the Agency issued a Reregistration 
Eligibility Decision (RED) on the pesticide chlorine gas. The RED 
included a requirement for the chlorine gas registrants to submit 
revised labeling to the Agency by October 23, 1999. The RED also 
included specific guidance on the content of these label revisions. In 
response to this RED, several trade groups, state governments, 
universities, and individuals submitted comments to the Agency. This 
notice responds to these comments and provides additional and revised 
guidance to registrants concerning specific label requirements for all 
chlorine gas registrations. This notice also extends the due date for 
revised labeling and opens an additional 60-day public comment period.

DATES:  Comments, identified by docket control number OPP-34180, were 
received on or before May 1, 1999. Comments, identified by docket 
control number OPP-34180B must be received no later than November 15, 
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-34180B in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT:  Patrick Dobak (7508C), Environmental 
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; 
telephone number: (703) 308-8180; fax number: (703) 308-7042; 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. This action may, 
however, be of interest to the registrants of chlorine gas and members 
of the municipal water treatment and residential pool treatment 
industries. Since other entities may also be interested, 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 
applicability of this action to a particular entity, 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 certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' 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 access information about chlorine 
gas, go directly to the website for the Office of Pesticides' 
Reregistration Eligibility Decisions at http://www.epa.gov/oppsrrd1/REDs/ and select documents listed under Chlorine Gas. You will need to 
have an Acrobat reader or equivalent installed in your computer in 
order to download the documents.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-34180B. 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 (CM #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.

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-34180B 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, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    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, CM #2, 1921 Jefferson Davis 
Hwy., 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

[[Page 56306]]

submissions will be accepted in WordPerfect 6.1/8.0 or ASCII file 
format. All comments in electronic form must be identified by docket 
control number OPP-34180B. 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 listed 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. Summary of EPA position that Solicited Comments

    EPA issued a RED for chlorine gas on February 22, 1999. The notice 
of availability of the RED for chlorine gas published in the  Federal 
Register of March 10, 1999 (64 FR 11869) (FRL-6068-2). The RED required 
label amendments for all currently registered products. The majority of 
uses were classified for restricted use. Only residential pool 
treatment and water and sewage treatment were not classified. 
Registrants of products bearing both restricted and unclassified uses 
were expected to ``split'' their product registrations according to 
classification.
    In response to the RED, 11 comments were submitted to the Agency 
from states, trade groups, utility companies, a university and the 
public. Based on comments and meetings with registrant groups, EPA 
recognized that several critical issues exist with regard to the 
training requirements and the 8-month response requirement for the 
submission of revised labels. The Agency has reconsidered its earlier 
decision to not require restricted use classification for some uses and 
has extended the 8-month response due date to December 15, 2000.

B. The Agency's Response to Comments for the Chlorine Gas RED.

    The comments received in response to the RED are grouped together 
based on content as follows:
    1. Comment: If registrants must have two products (and two labels) 
to accommodate restricted and unclassified uses, they could be 
compelled to ship rail tank cars back to the chlorine gas producers for 
re-labeling. This scenario is a concern because orders may and often do 
change before delivery. Substantial additional costs could be incurred 
by the registrant.
    Response: The Agency is proposing to reclassify the remaining uses, 
consisting of drinking and sewage water treatment and residential 
swimming pool treatment, as restricted uses. As a result, manufacturers 
will not need to have both restricted and unclassified product labels.
    2. Comment: Some registrants, for example, those with both on-site 
water treatment plants and cooling towers, would have personnel that 
would be subject to inconsistent training requirements. These 
personnel, in their role as cooling tower operators, would need to be 
certified applicators, whereas in their role as water treatment system 
operators, they would not need to be. EPA's treatment of these chlorine 
use categories is inconsistent. These uses should be treated similarly.
    Response: This inconsistency is one of the chief reasons that the 
Agency is revising the Chlorine Gas RED labeling and training 
requirements to classify all chlorine gas uses as restricted use. 
Chlorine is acutely toxic through all routes and meets the triggers for 
restricted use classification in 40 CFR 152.170 for all uses.
    3. Comment: The prevention of accidental releases is already 
subject to Clean Air Act (CAA) and Occupational Safety and Health 
Administration (OSHA) requirements. CAA Risk Management Program (RMP) 
can include many specific training, procedural, and recordkeeping 
requirements. OSHA Process Safety Management (PSM) training ensures 
adequate training for chlorine applicators.
    Response: These programs are intended to address accidental 
releases, and certified applicator training also addresses proper 
application. Chlorine gas is a highly toxic gas for which specialized 
equipment and procedures exist. Certified applicator training should be 
integrated in each facility's response to PSM training and RMP 
requirements. Every worker will not need to receive certified 
applicator training; one certified applicator needs to be present for 
all operations, though.
    The Agency is aware that by making all chlorine gas uses 
restricted, the other stakeholders (municipal water treatment operators 
and residential pool treatment applicators) may have a similar 
viewpoint. Since, for these stakeholders, the decision to classify 
these uses as restricted is a significant change, the Agency is opening 
up a comment period specifically to allow the stakeholders the 
opportunity to respond to the Agency's revised position on this one 
issue.
    4. Comment: The reclassification of chlorine gas as a Restricted 
Use Product will result in a significant burden to state extension 
services.
    Response: The Agency acknowledges the additional burden to state 
extension services as a result of reclassification; however, the Agency 
considers this training to be necessary based on the acutely hazardous 
nature of chlorine gas, and based on review of the available incident 
data. The Agency relied primarily on case reports from the California 
Pesticide Illness Surveillance Program. A lack of proper training was 
the most common listed cause (when one was listed) in these reports. 
From Florida, several fatal incidents were also reported, including two 
fatalities at water treatment plants and eight from a train derailment.
    As part of proposing to restrict the municipal water and sewage 
treatment and residential pool treatment uses, it

[[Page 56307]]

was also necessary for the Agency to examine how the states and 
industry would need to respond to these training requirements. State 
regulatory agencies, extension agents, and their regulatory partners, 
will need to determine if it is possible and beneficial to rely on 
existing training programs like water treatment certification. Some 
states have existing water treatment certification programs that could 
be considered equivalent for certified applicator training. In those 
cases, it would be possible for those states to modify existing 
categories and training programs to include the other uses of chlorine. 
The Agency is aware that this option may not be available to some 
states. The Agency will be working with the states and chlorine 
industry in developing new training and certification programs or 
modify relevant existing programs for the chlorine restricted uses 
categories.
    The EPA is aware that the training and certification burden on 
states and industry will vary from state to state. Pennsylvania already 
regulates chlorine gas as a restricted use pesticide under state law. 
In some states, the water treatment operators may not be able to be 
exempted from the core pesticide training requirements, which are 
directed more to agricultural pesticides. The Agency does not consider 
the burden of training to be unreasonable given the acutely hazardous 
nature of chlorine gas, and the severity of some of the reported 
incidents. Chlorine is one of the few pesticides with reported deaths 
that is not currently restricted use. Many of the most severe non-fatal 
incidents reviewed and two of the three fatal incidents from the use of 
chlorine gas were associated with water treatment.
    Since implementing the restricted use labeling will require 
legislative action on the part of many states, the Agency has extended 
the period in which the registrants may distribute and sell chlorine 
gas products bearing the existing unclassified labels/labeling until 
December 15, 2002, or 2 years after the publication of this notice. 
Persons other than the registrants may distribute or sell such products 
for an additional year or until December 15, 2003. After that date, all 
chlorine products must bear new labels.
    The RED also stated that residential pool treatments would be an 
unclassified use. That decision was based on the lack of reported 
incidents for this use. EPA Region 9, however, stated that they were 
aware of several unreported incidents and suspected that incidents were 
under-reported for this use. The Agency is reclassifying this use as 
restricted based on the issues raised in Comment 1.
    5. Comment: The RED does not specify whether repackaging of 
chlorine into 20 lb. cylinders will require a basic or supplemental 
registration.
    Response: Supplemental registrations for residential pool treatment 
will be allowed.
    6. Comment: Chlorine gas is highly toxic and some of the byproducts 
of water treatment are persistent and bioaccumulative. Alternative 
disinfectants are available and economically viable. EPA should do more 
to encourage chlorination alternatives to drinking water treatment, 
particularly ozonation.
    Response: The Agency considers drinking water chlorination to be a 
critical public health use. The Agency will be requiring label 
improvements and handler training for all registered chlorine uses, 
including drinking water treatment. The Agency also required industry 
to provide data on several disinfection byproducts of drinking water 
chlorination. These data are intended to help further characterize 
potential risks associated with drinking water consumption. Should 
particular risks from chlorination be identified in the future, the 
Agency would take action at that time.

C. What Guidance Does this Notice Provide?

    1. Time extensions. The Agency is granting a time extension for the 
submission of revised labeling. The revised labels are due to the 
Agency by December 15, 2000, and must be mailed to Wanda Mitchell, 
7510C, USEPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460. 
Chlorine gas registrants should already have submitted all other 
requirements for the 8-month response. Because of the time needed for 
the states to develop training materials, programs and test materials, 
and establish the training categories, the Agency is extending until 
December 15, 2002, the date when the registrants sell and distribute 
only products bearing new labeling.
    2. Amended labeling requirements. The Agency is revising the 
labeling requirements that were included in the Chlorine Gas RED. All 
labeling requirements originally included in the RED that have not been 
addressed in this notice remain in force. For the residential pool 
treatment use only, the amended label requirements are: You must add 
the following directions for use to product labels registered for 
swimming pool water treatment:
    Do not use pool until the free active chlorine residual has dropped 
to 4 ppm as determined by a test kit. Pool owners must be made aware of 
the requirement not to enter the pool until the free active chlorine 
drops to 4 ppm. Trained personnel must instruct pool owners on how to 
use a test kit for this purpose.
    3. Training requirements. Based on the comments received and an 
examination of the available regulatory responses, the Agency is now 
proposing to classify products which allow for water and sewage 
treatment and use in residential swimming pools as restricted use 
pesticides. All pesticidal uses of chlorine gas will become restricted 
use. Although water and sewage applicator certification exists in most 
states, it is not classified as a restricted use. It would only be 
possible to allow states the option of relying on this existing 
training program to satisfy the certified applicator training 
requirements for chlorine uses if water and sewage treatment is also 
classified as a restricted use. The Agency considers the additional 
regulatory burden on the states and industry to be reasonable based on 
chlorine's high acute toxicity and review of the available incident 
information.

D. What is the Agency's Authority for Taking this Action?

    Pusuant to 40 CFR 152.170, EPA has the authority to reclassify uses 
and chemicals to restricted use. Reclassifying unclassified uses as 
restricted uses is one of the methods available to the Agency to 
address the risks associated with acutely hazardous pesticides. 
Chlorine gas is acutely toxic through all routes of exposure. This 
action will bring the remaining unclassified uses of chlorine gas up to 
parity with the other uses of chlorine and other acutely hazardous 
pesticides in general.

List of Subjects

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


    Dated: September 11, 2000.

Lois A. Rossi,

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

[FR Doc. 00-23940 Filed 9-15-00 8:45 am]
BILLING CODE 6560-50-S