[Federal Register Volume 68, Number 216 (Friday, November 7, 2003)]
[Notices]
[Pages 63092-63095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28102]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-OW-7584-6]


Notice of Availability of Revised Draft Aquatic Life Criteria 
Document for Atrazine and Request for Scientific Views

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability and request for scientific views.

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SUMMARY: This action notifies the public about the availability of a 
revised draft aquatic life criteria document for atrazine and requests 
scientific views. The Clean Water Act (CWA) requires the Environmental 
Protection Agency (EPA) to develop and publish, and from time to time 
revise, criteria for water accurately reflecting the latest scientific 
knowledge. When final, these criteria will provide EPA's 
recommendations to States and authorized Tribes as they establish their 
water quality standards as State or Tribal law or regulation. At this 
time the Agency is not making a final recomendation, rather the Agency 
is requesting scientific views on the draft document.

DATES: All significant scientific information must be submitted to the 
Agency on or before February 5, 2004.

ADDRESSES: Scientific views must be submitted electronically, by mail, 
or through hand-delivery/courier. Follow detailed instructions as 
provided in section C of the SUPPLEMENTARY INFORMATION section. Copies 
of the criteria document entitled, Draft Ambient Aquatic Life Water 
Quality Criteria for Atrazine (EPA-822-R-03-023) may be obtained from 
EPA's Water Resource Center by phone at (202) 566-2426, or by e-mail to 
[email protected] or by conventional mail to: EPA Water 
Resource Center, 4101T, 1200 Pennsylvania Avenue NW., Washington, DC 
20460. You can also download the document from EPA's Web site at http://www.epa.gov/waterscience/criteria/atrazine/. OPP's risk assessment can 
be downloaded from http://www.epa.gov/oppsrrd1/reregistration/atrazine/.

FOR FURTHER INFORMATION CONTACT: Frank Gostomski, Health and Ecological 
Criteria Division (4304), U.S. EPA, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460; (202) 566-1105; [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Interested Entities

    Entities potentially interested in today's notice are those that 
produce, use, or regulate atrazine. Categories and entities interested 
in today's action include:

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                                               Examples of interested
                 Category                             entities
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State/Local/Tribal Government.............  Midwest ``cornbelt'' States
                                             and Tribes.
Herbicide Producers.......................  Syngenta.
Herbicide Users...........................  Growers of corn and
                                             sugarcane.
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be

[[Page 63093]]

interested by this action. This table lists the types of entities that 
EPA is now aware could potentially be interested by this action. Other 
types of entities not listed in the table could also be interested.

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 ID No. OW-2001-0010. The official public docket 
consists of the documents specifically referenced in this action, any 
scientific views received, and other information related to this 
action. Although a part of the official docket, the public docket does 
not include 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 Water Docket in the EPA Docket Center, (EPA/DC) EPA 
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA 
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Public Reading Room is (202) 566-1744, and the telephone number 
for the Water Docket is (202) 566-1744. To view these documents 
materials, please call ahead to schedule an appointment. Every user is 
entitled to copy 266 pages per day before incurring a charge. The 
Docket may charge 15 cents a page for each page over the 266-page limit 
plus an administrative fee of $25.00.
    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 
scientific views, 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 identification 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 section I.B.
    It is important to note that EPA's policy is that scientific views, 
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 your views and information contain 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a scientific view containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the scientific view that is placed in EPA's electronic 
public docket. The entire printed scientific view, including the 
copyrighted material, will be available in the public docket.
    Scientific views submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Scientific views 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 Scientific Views?

    You may submit scientific views electronically, by mail, by 
facsimile, or through hand delivery/courier. To ensure proper receipt 
by EPA, identify the appropriate docket identification number in the 
subject line on the first page of your scientific views. Please ensure 
that your scientific views are submitted within the specified period. 
Scientific views received after the close of the review period will be 
marked ``late.'' EPA is not required to consider these late scientific 
views.
    1. Electronically. If you submit electronic information as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your scientific views. 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 scientific information and allows 
EPA to contact you in case EPA cannot read your scientific views due to 
technical difficulties or needs further information on the substance of 
your scientific views. EPA's policy is that EPA will not edit your 
scientific views, and any identifying or contact information provided 
in the body of the scientific views will be included as part of the 
scientific views that are placed in the official public docket, and 
made available in EPA's electronic public docket. If EPA cannot read 
your scientific views due to technical difficulties and cannot contact 
you for clarification, EPA may not be able to consider your scientific 
views.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit scientific views to EPA electronically is EPA's preferred method 
for receiving scientific views. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting 
scientific views. To access EPA's electronic public docket from the EPA 
Internet Home Page, select ``Information Sources,'' ``Dockets,'' and 
``EPA Dockets.'' Once in the system, select ``search,'' and then key in 
Docket ID No. OW-2001-0010. 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 
information.
    ii. E-mail. Scientific views may be sent by electronic mail (e-
mail) to [email protected], Attention Docket No. OW-2001-0010. 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 scientific views 
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 information 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 scientific views on a disk or 
CD ROM that you mail to the mailing address identified in section 
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.

[[Page 63094]]

    2. By Mail. Send your scientific views to: Water Docket in the EPA 
Docket Center, Environmental Protection Agency, Mailcode 4101T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No. 
OW-2001-0010.
    3. By Hand Delivery or Courier. Deliver your scientific views to: 
Water Docket, EPA Docket Center, EPA West, Room B102, 1301 Constitution 
Ave., NW., Washington, DC, Attention Docket ID No. OW-2001-0010. Such 
deliveries are only accepted during the Docket's normal hours of 
operation as identified in section I.B.1.

D. What Should I Consider as I Prepare My Scientific Views for EPA?

    You may find the following suggestions helpful for preparing your 
scientific views:
    1. Explain your scientific 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 scientific views.
    4. Provide specific examples to illustrate your concerns.
    5. Offer alternatives.
    6. Make sure to submit your scientific views by the deadline 
identified.
    7. To ensure proper receipt by EPA, identify the appropriate docket 
identification 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 scientific views.

II. Background and Today's Action

A. What Are Recommended Water Quality Criteria?

    Recommended water quality criteria are the concentrations of a 
chemical in water at or below which aquatic life are protected from 
acute and chronic adverse effects of the chemical. Section 304(a)(1) of 
the Clean Water Act requires EPA to develop and publish, and from time 
to time revise, criteria for water accurately reflecting the latest 
scientific knowledge. Water quality criteria developed under section 
304(a) are based solely on data and scientific judgments. They do not 
consider economic impacts or the technological feasibility of meeting 
the criteria in ambient water. Section 304(a) criteria provide guidance 
to States and Tribes in adopting water quality standards. The criteria 
also provide a scientific basis for EPA to develop Federally 
promulgated water quality standards under section 303(c).

B. What Is Atrazine and Why Are We Concerned About It?

    Atrazine is an organic chemical used as an herbicide throughout the 
U.S. for control of weeds in agricultural crops. Environmental exposure 
occurs mainly from its application as an herbicide but may also occur 
from industrial manufacture, distribution releases, precipitation, 
field runoff, and drift. Atrazine is moderately volatile and soluble in 
water, and resistant to natural degradation in water. Because of 
atrazine's chemical properties and widespread use as an herbicide, 
concerns have been raised over the potential risks posed by exposure of 
aquatic organisms to it. For these reasons, EPA has developed the 
following water quality criteria:

C. What Are the National Recommended Water Quality Criteria?

Freshwater
    Aquatic life should not be affected unacceptably if the: One-hour 
average concentration of atrazine does not exceed 1,500 ug/l more than 
once every three years on the average (Acute Criterion) and if the 
Average Primary Producer Steinhaus Similarity deviation for a site is 
less than 5% (as determined using the Comprehensive Aquatic Systems 
Model (CASM) \1\ or other appropriate model and index) and is not 
exceeded more than once every three years (or other appropriate return 
frequency sufficient to allow system recovery). The 5% index for the 
protection of aquatic plant community should also be protective of most 
freshwater animals (Chronic Criterion).
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    \1\ CASM is an aquatic ecological food chain model, 
specifically, the Comprehensive Aquatic Systems Model (Bartell et 
al. 2000, Bartell et al 1999, DeAngelis et al 1989).
    Bartell, S.M., K.R. Campbell, C.M. Lovelock, S.K. Nair, and J.L. 
Shaw. 2000. Characterizing aquatic ecological risk from pesticides 
using a diquat dibromide case study III. Ecological Process Models. 
Environ. Toxicol. Chem. 19(5):1441-1453.
    Bartell, S.M., G. Lefebvre, G. Aminski, M. Carreau, and K.R. 
Campbell. 1999. An ecosystem model for assessing ecological risks in 
Quebec rivers, lakes, and reservoirs. Ecol. Model. 124:43-67.
    DeAngelis, D.L., S.M. Bartell, and A.L. Brenkert. 1989. Effects 
of nutrient recycling and food-chain length on resilience. Amer. 
Nat. 134(5):778-805.
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Saltwater
    Aquatic life should not be affected unacceptably if the: One hour 
average concentration of atrazine does not exceed 760 ug/l more than 
once every three years on the average (Acute Criterion) and if the 
thirty-day average concentration of atrazine does not exceed 17 ug/l 
more than once every three years on the average (Chronic Criterion).

D. How Are the Revised Draft Criteria in Today's Publication Different 
From the 2001 Criteria?

    The revised draft criteria in today's publication incorporate 
information on the toxicity of atrazine to aquatic plants and 
invertebrates that had not been available at the time of the 2001 
publication. The change in critical endpoints reflects the scientific 
views of the Agency, the registrant, and those received from the 
public.

E. How Has EPA Coordinated Development of Ecological Risk Assessments 
on Atrazine Between the Office of Water (OW) and the Office of 
Pesticide Programs (OPP)?

    Concurrent with OW's release of the Draft Aquatic Life Criteria 
Document for Atrazine at 66 FR 49186, OPP released its Preliminary 
Ecological Fate and Effects Risk Assessment of Atrazine at 66 FR 49180. 
Both offices shared their aquatic toxicity data bases for atrazine in 
the development of their risk assessment documents. OW and OPP also 
shared scientific views received on their respective risk assessment 
documents in response to their publication for review by the public.
    Today, EPA is notifying the public about the availability of this 
aquatic life criteria document for atrazine to expand the public's 
involvement in the criteria development process. Simultaneously, EPA is 
publishing its Ecological Fate and Effects Risk Assessment for atrazine 
under FIFRA (http://www.epa.gov/oppsrrd1/reregistration/atrazine/).
    EPA notified the public of its intent to develop aquatic life 
criteria for atrazine in the Federal Register on October 29, 1999 (64 
FR 58409). At that time EPA made available to the public all references 
identified by a recent literature review and solicited any additional 
pertinent data or scientific views that would be useful in developing 
the draft aquatic life criteria for atrazine. EPA then made the draft 
aquatic life criteria document for atrazine available for public 
review.
    The Office of Water and the Office of Pesticide Programs will 
continue to work together and with stakeholders (States, Tribes, 
manufacturers, growers, and other interested parties) to develop an 
implementation document for States and Tribes to use in their adoption 
of atrazine criteria in State and Tribal standards. The draft 
implementation document will be made available for public review. EPA's 
current thinking is that the document would include:

[[Page 63095]]

    [sbull] Mechanisms for States and Tribes to refine the exposure 
duration and frequency components of the atrazine criteria to best meet 
their more specific needs;
    [sbull] Mechanisms for States and Tribes to best define exposure 
duration and frequency components of their criteria to clearly 
establish when a water as impaired (i.e., the water quality criteria 
are not being attained in stream) due to atrazine contamination;
    [sbull] Mechanisms to establish screening levels (rolling average 
concentrations below the criteria) that if met would alleviate the need 
for States and Tribes to run complex models to determine if the chronic 
freshwater criteria is being met;
    The Office of Water expects that it will obtain the necessary data 
to support the implementation document through a data generation 
agreement between the Office of Pesticides Programs and the Registrant. 
The Registrant will conduct a three year monitoring program in selected 
waters that will generate the data that EPA would use to provide 
additional information on how States and Tribes may adjust standards 
for more localized duration and frequency components of the criteria 
and more refined definitions of frequency and duration components of 
their criteria to clearly establish when a water is impaired waters for 
the purposes of CWA sections 305(b) and 303(d).

F. What Specific Questions of Science Does EPA Want Views on?

    Though the public is welcome to submit scientific views on any 
component of the atrazine aquatic life criteria document, EPA is 
specifically interested in scientific views on the following issues of 
science:
    [sbull] The use of the Average Primary Producer Steinhaus 
Similarity deviation of 5% (as determined using the Comprehensive 
Aquatic Systems Model (CASM)) as protective of chronic effects to 
freshwater aquatic life;
    [sbull] The applicability of the same approach to the protection of 
chronic effects to salt water aquatic life in place of a Guidelines 
calculated concentration stated above in II.C. Conceptually, the 
approach used for fresh water chronic criteria should be equally 
applicable to salt water chronic criteria. To date, however, salt water 
toxicity data have not been employed in the model. Additionally, there 
are fewer atrazine toxicity data available for salt water species than 
for freshwater species.

G. Where Can I Find More Information on EPA's Revised Process for 
Developing New or Revised Draft Criteria?

    The Agency published detailed information about its revised process 
for developing and revising criteria in the Federal Register on 
December 10, 1998 (63 FR 68354) and in the EPA document entitled, 
National Recommended Water Quality-- Correction (EPA 822-Z-99-001, 
April 1999). The purpose of the revised process is to provide expanded 
opportunities for public input, and to make the criteria development 
process more efficient.

    Dated: October 31, 2003.
G. Tracy Mehan,
Assistant Administrator, Office of Water.
[FR Doc. 03-28102 Filed 11-6-03; 8:45 am]
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