[Federal Register Volume 66, Number 23 (Friday, February 2, 2001)]
[Notices]
[Pages 8790-8792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2773]


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 ENVIRONMENTAL PROTECTION AGENCY

 [OPP-34159A; FRL-6765-7]


 Amendment to Reregistration Eligibility Decision for Aluminum 
Phosphide and Magnesium Phosphide; Notice of Availability

AGENCY  Environmental Protection Agency (EPA).

ACTION  Notice.

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SUMMARY  In the Reregistration Eligibility Decision (RED) document 
issued for Aluminum Phosphide and Magnesium Phosphide in December 1998, 
several risks of concern were identified and mitigation measures 
proposed to address those risks. The RED also set forth a stakeholder 
process for obtaining input on the proposed mitigation measures or 
suggestions on how other methods could be employed to reduce the risks 
identified in the document. On November 8, 2000, after extensive 
discussions with USDA and interested stakeholders, the registrants of 
these pesticide active ingredients (a.i.) entered into a Memorandum of 
Agreement (MOA) with the Agency, the purpose of which is to implement 
mitigation measures to reduce risks and to gather information to better 
characterize risks to workers and bystanders. This MOA, which amends 
the Aluminum Phosphide and Magnesium Phosphide RED, is summarized 
below.

DATES:  Comments, identified by docket control number OPP-34159A, must 
be received on or before March 5, 2001.

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-34159A in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT:  Mark Hartman, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania

[[Page 8791]]

Ave., NW., Washington, DC 20460; telephone number: (703) 308-0734; fax 
number: (703) 308-8041; 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 persons or companies who fumigate grains and 
other commodities, trade organizations whose membership relies on 
fumigation and pest control operators who fumigate rodent burrows. 
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.

 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, 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 the reregistration status of aluminum and 
magnesium phosphide on the internet, go directly http://www.epa.gov/REDs, and select ``aluminum phosphide'' or ``magnesium phosphide.''.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-34159A. 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 electroniccomments 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 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-34159A 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, Crystal Mall #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 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 6.1/8.0 or ASCII file format. All comments in electronic 
form must be identified by docket control number OPP-34159A. 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.

 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 rule 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. What Action is the Agency Taking?

    EPA completed a risk assessment for the pest control fumigants 
aluminum and magnesium phosphide in September 1998. These materials 
release highly toxic phosphine gas when they react with the moisture in 
the atmosphere. This risk assessment identified risks of concern for 
applicators and occupational/residential bystanders, based on the 
available data and information. EPA issued a RED for Aluminum and 
Magnesium Phosphide in December 1998. The RED contained a series of 
proposed risk mitigation measures which are the focal point of an 
ongoing stakeholder process. These measures generally have been viewed 
very negatively by members of the user community who believe that 
implementation of such measures would be tantamount to cancellation of 
the chemical.
    In the RED, EPA proposed risk mitigation measures which were 
designed to address the risks identified

[[Page 8792]]

in the risk assessment. The Agency, recognizing the importance of 
phosphine to agriculture, the lack of viable alternatives, and the 
potential impacts of the initial set of mitigation measures on the 
continued use of the chemicals, committed to pursue an extensive 
stakeholder involvement process regarding these measures with the 
expressed intent to gather information on the impacts of the proposed 
measures and, most importantly, to explore possible alternative 
mitigation measures that would achieve risk reduction while maintaining 
the ability to continue to use phosphine and achieve the benefits 
derived from that use.
    The Agency has conducted an intensive stakeholder involvement 
program to address the risk issues associated with the use of phosphine 
fumigants. This process began with a lengthy public comment period. 
Over 570 comments were received during the comment period which ended 
in March 1999. The main issues of contention were the 500 foot buffer 
zone, notification of local residents prior to fumigation, and the 
lowering of the exposure standard from 0.3 ppm to 0.03 ppm, each of 
which were proposed as mitigation measures in the RED.
    Further, USDA commissioned a Phosphine Task Force in 1999, whose 
purpose was to work with the Agency and the agricultural community 
during the phosphine review process. EPA worked closely with the 
Phosphine Task Force to further discuss use of fumigants and related 
risk issues, and to explore other measures to further mitigate those 
risks.
    In addition to the Phosphine Task Force, the Phosphine Coalition, a 
broad-based group consisting of over 80 registrants, fumigation 
companies, trade organizations and users, was formed in 1998 to address 
issues related to the reregistration of the phosphine fumigants. This 
group has worked with EPA, USDA, and the registrants on the phosphine 
issue. Among other activities, the Phosphine Coalition arranged 
fumigation demonstrations in the field where Agency personnel and the 
user community had productive interactions. This group has also figured 
prominently in technical discussions with the registrants and EPA on 
risk assessment and risk management issues, and has provided extensive 
feedback and valuable input to the Agency throughout the reregistration 
process and the development of the MOA. Meanwhile, EPA has also 
conducted outreach with state lead agencies including several 
presentations at SFIREG and conference calls with interested state 
officials.
    Based in large part on input and feedback received during this 
stakeholder process, EPA and the registrants have entered into a 
Memorandum of Agreement, the purpose of which is to implement 
mitigation measures to meaningfully reduce risks and gather information 
to better characterize risks to workers and bystanders. The following 
is a short summary of the main points in the agreement. The text of the 
entire agreement can be found at http://www.epa.gov/REDs.
    1. Site Fumigation Management Plans
    (a) Monitoring
    (b) Notification of authorities
    (c) Notification of bystanders in the event of a release
    2. Development of guidance for plans as part of the label language.
    3. Conducting Air monitoring Studies (worker and bystander)
    4. Toxicology Studies or 0.01 ppm standard
    5. 2 annual incident analyses reports
    6. Financial and technical support for a training and certification 
improvement program.
    7. Prohibition of in-transit aeration
    8. Stricter definition of ``under the supervision of a certified 
applicator''
    9. Enhanced notification of receivers of fumigated rail cars and 
other containers
    10. Two-person rule for fumigations requiring entry into a 
structure
    11. Provision of safety material to residents having burrows 
treated
    The MOA requires that registrants submit draft interim fumigation 
management plan guidance to the EPA by January 1, 2001 which has been 
completed. Draft label revisions are due to the EPA from the 
registrants no later than June 1, 2001. Further, the MOA requires the 
submission of the first annual incident analysis report and draft 
protocols/feasibility studies for the collection of monitoring data to 
the EPA by April 1, 2001. The training and certification improvement 
program required in the MOA will also begin in 2001.

List of Subjects

    Environmental protection, aluminum phosphide, magnesium 
phosphide,reregistration.


    Dated:January 18, 2001.
Jack E. Housenger,

Acting Director, Special Review and Registration Division, Office of 
Pesticide Programs
[FR Doc. 01-2773 Filed 2-1-01; 8:45 am]
BILLING CODE 6560-50-S