[Federal Register Volume 69, Number 106 (Wednesday, June 2, 2004)]
[Notices]
[Pages 31101-31104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12307]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0237; FRL-7360-5]


Organophosphate Pesticides; Availability of Interim Risk 
Management Decision Documents for Methyl Parathion for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces availability and starts a 60-day public 
comment period on the interim Reregistration Eligibility Decision 
(IRED) document for the pesticide active ingredient methyl parathion. 
This decision document was developed as part of the public 
participation process that EPA and U.S. Department of Agriculture 
(USDA) are now using for

[[Page 31102]]

involving the public in the reassessment of pesticide tolerances under 
the Food Quality Protection Act (FQPA), and the reregistration of 
individual organophosphate pesticides under the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA). The IRED document represents 
EPA's formal regulatory assessment of the health and environmental data 
base of the subject chemical and presents the Agency's determination 
regarding which pesticidal uses are eligible for reregistration.

DATES: Comments, identified by docket ID number OPP-2003-0237, must be 
received on or before August 2, 2004.

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: John Pates, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8195; 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 who are or may be required to 
conduct testing of chemical substances under the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) or the Federal Food, Drug, and 
Cosmetic Act (FFDCA); environmental, human health, and agricultural 
advocates; pesticides users; and members of the public interested in 
the use of pesticides. 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 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-2003-0237. 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 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/. To access RED documents and 
RED fact sheets electronically, go directly to the REDs table on the 
EPA Office of Pesticide Programs Home Page, at http://www.epa.gov/pesticides/reregistration/status.htm htm.
    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.1. 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

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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-2003-0237. 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-2003-0237. 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) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2003-0237.
    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-2003-0237. 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 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.

II. Background

What Action is the Agency Taking?

    EPA has assessed the risks of methyl parathion and reached an 
Interim Reregistration Eligibility Decision (IRED) for this 
organophosphate pesticides(s). Provided that risk mitigation measures 
are adopted, methyl parathion fits into its own risk cup --its 
individual, aggregate risks are within acceptable levels. EPA has 
determined that products containing methyl parathion are eligible for 
reregistration except for use on the following crops: cabbage, dried 
beans, dried peas, hops, lentils, pecans, and sugar beets. The use of 
eligible methyl parathion products in accordance with labeling 
specified in this IRED will not pose unreasonable adverse effects to 
humans or the environment. These products will be reregistered once the 
required confirmatory generic data, product specific data, CSFs, and 
revised labeling are received and accepted by EPA. Products which 
contain active ingredients in addition to methyl parathion will be 
reregistered when all of their other active ingredients also are 
eligible for reregistration.
    The interim risk management decision for methyl parathion was made 
through the organophosphate pesticide 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 
organophosphate 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 the interim risk management decision documents.
    Several studies were submitted by the registrants during Phase 6 of 
the public process as a result of a August 1999 Memorandum of Agreement 
between the EPA and the methyl parathion registrants. As a result of 
review and consideration of these studies, the occupational assessment 
for methyl parathion was revised. Even though numerous opportunities 
for public comment were offered as these interim risk management 
decision documents were being developed, the public has not had an 
opportunity to comment on the revised assessment. Therefore, the methyl 
parathion interim risk management decision document is issued with a 
formal 60-day public comment period to allow interested parties to 
review and comment on the revised worker assessment. Although the EPA 
will accept comment on any aspect of the risk assessment, we recommend 
that any comment suggesting changes to the mitigation should be 
substantiated by data.
    The risk assessments for methyl parathion were released to the 
public through a notice published in the Federal Register on December 
18, 1998 (63 FR 70126) (FRL-6052-6) and August 13, 1999 (64 FR 44219) 
(FRL-6093-4).
    EPA's next step under FQPA is to complete a cumulative risk 
assessment and risk management decision for the organophosphate 
pesticides, which share a common mechanism of toxicity. The interim 
risk management decision documents on methyl parathion cannot

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be considered final until this cumulative assessment is complete.
    When the cumulative risk assessment for the organophosphate 
pesticides has been completed, EPA will issue its final tolerance 
reassessment decision(s) for methyl parathion and further risk 
mitigation measures may be needed.

List of Subjects

    Environmental protection, Chemicals, Pesticides and pests.


    Dated: May 21, 2004.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 04-12307 Filed 6-1-04; 8:45 am]
BILLING CODE 6560-50-S