[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Notices]
[Pages 9652-9655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4778]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0072; FRL-7296-1]


Availability of Atrazine Interim Risk Management Decision 
Document

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the availability of the Interim 
Reregistration Eligibility Decision (IRED) document for the triazine 
pesticide atrazine. This decision document has been developed as part 
of the public participation process that EPA and the U.S. 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 pesticides under the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

DATES: Comments, identified by docket ID number OPP-2003-0072, must be 
received on or before April 29, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Kimberly Nesci, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8059; 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, nevertheless, a 
wide range of stakeholders will be interested in obtaining the interim 
risk management decision document for atrazine, including 
environmental, human health, and agricultural advocates; the chemical 
industry; pesticide users; and members of the public interested in the 
use of pesticides on food. Since other entities also may 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 Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2003-0072. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include

[[Page 9653]]

Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public docket is the 
collection of materials that is available for public viewing at the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall 2, 1921 Jefferson Davis Hwy., Arlington, VA. This 
docket facility is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The docket telephone number is (703) 
305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B. EPA intends to work towards 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPP-2003-0072. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPP-2003-0072. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB), Office of Pesticide Programs (OPP), 
Environmental Protection Agency (7502C), 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP- 2003-0072.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket 
ID Number OPP-2003-0072. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as

[[Page 9654]]

CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is 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 docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket 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 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 your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
ID number in the subject line on the first page of your response. It 
would also be helpful if you provided the name, date, and Federal 
Register citation related to your comments

II. Background

A. What Action is the Agency Taking?

    EPA has assessed the risks of atrazine and reached an Interim 
Reregistration Eligibility Decision (IRED) for this triazine pesticide. 
Provided that risk mitigation measures are adopted, atrazine fits into 
its own risk cup--its individual, aggregate risks are within acceptable 
levels. A chemical used mainly to control weeds on corn, sorghum, and 
sugarcane, atrazine residues in food do not pose risk concerns. The 
Agency's drinking water, occupational, residential and ecological risk 
assessments for atrazine indicate risks of concern. Intermediate-term 
(seasonal) dietary risk from drinking water exceeds the Agency's level 
of concern (> 100% cPAD (chronic population adjusted dose)) at the 
99.9th exposure percentile for infants, children 1-6 years of age, and 
adults in 34 community water systems primarily in the Midwest.
    Further, there are some concerns for workers who mix, load, and 
apply atrazine to agricultural and turf sites and for homeowners who 
apply atrazine products to home lawns. In addition, there are risks of 
concern for adults and children exposed to atrazine-treated lawns after 
applications.
    For ecological effects, the Agency has conducted a screening level 
assessment for terrestrial impacts and a refined exposure assessment 
for aquatic impacts of atrazine use. These assessments indicate that 
atrazine is likely to result in community- and population-level risk at 
10 to 20 parts per billion. The ecological assessment does not address 
the potential for effects on amphibians endocrinology and reproductive 
and developmental responses. The Agency will consider amphibian risk 
after the Agency obtains further data and will address any risks 
identified in a revision to the IRED to be published by October 31, 
2003.
    To mitigate risks of concern posed by the uses of atrazine, the 
Agency considered the mitigation proposal submitted by the technical 
registrants, as well as comments and mitigation ideas from other 
interested parties, and has decided on a number of label amendments to 
address the dietary (drinking water), worker, and residential concerns. 
In addition, to further address drinking water concerns and to address 
ecological concerns, the Agency and the technical registrants have 
agreed to a performance standard for atrazine that must be met in 
community water systems, prohibition of use in watersheds if the 
standard is not met, and monitoring data requirements as described in a 
Memorandum of Agreement between the primary technical registrants of 
atrazine and the Agency. Results of the risk assessments, the necessary 
label amendments to mitigate those risks, and information on the 
Agreement between the Agency and the technical registrants are 
presented in the IRED.
    The interim risk management decision document for atrazine was made 
through the pilot public participation process, which increases 
transparency and maximizes stakeholder involvement in EPA's development 
of risk assessments and risk management decisions. 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 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.
    EPA worked extensively with affected parties to reach the decisions 
presented in this interim risk management decision document, which 
conclude the pilot public participation process for atrazine. As part 
of the pilot public participation process, numerous opportunities for 
public comment were offered as this interim risk management decision 
document was being developed.
    The risk assessments for atrazine were released to the public 
through notices published in the Federal Register on February 14, 2001 
(66 FR 10287) (FRL-6765-3), and May 6, 2002 (67 FR 30379) (FRL-6836-1).
    EPA's next step under FQPA is to complete a cumulative risk 
assessment and risk management decision for the triazine pesticides, 
which share a common mechanism of toxicity. This interim risk 
management decision document on atrazine cannot be considered final 
until this cumulative assessment is complete.
    When the cumulative risk assessment for the triazine pesticides has 
been completed, EPA will issue its final tolerance reassessment 
decision for atrazine and further risk mitigation measures may be 
needed.

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

    The legal authority for this IRED falls under FIFRA, as amended in 
1988 and 1996. Section 4(g)(2)(A) of FIFRA directs that, after 
submission of all data concerning a pesticide active ingredient, ``the 
Administrator shall determine whether pesticides containing such active 
ingredient are eligible for reregistration,'' before calling in 
product-specific data on individual end-use products, and either 
reregistering

[[Page 9655]]

 products or taking ``other appropriate regulatory action.''

List of Subjects

    Environmental protection, Chemicals, Pesticides and pests.


    Dated: February 21, 2003.
Betty Shackleford,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 03-4778 Filed 2-27-03; 8:45 am]
BILLING CODE 6560-50-S