[Federal Register Volume 69, Number 180 (Friday, September 17, 2004)]
[Notices]
[Pages 56055-56058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20913]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0301; FRL-7677-3]


Phenol/Sodium Phenate Preliminary Risk Assessment; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's preliminary 
risk assessment, and related documents for the antimicrobial pesticide 
Phenol/Sodium phenate, and opens a 12-day public comment period on 
these documents. The public also is encouraged to suggest risk 
management ideas or proposals to address the risks identified. EPA is 
developing a Reregistration Eligibility Decision (RED) for Phenol/
Sodium Phenate using a modified, 4-phase public participation process. 
EPA uses this process to involve the public in developing pesticide 
reregistration and tolerance reassessment decisions. Through these 
programs, EPA is ensuring that all pesticides meet current health and 
safety standards.

DATES: Comments, identified by docket ID number OPP- 2004-0301, must be 
received on or before September 29, 2004

ADDRESSES: Comments may be submitted electronically, by mail, or

[[Page 56056]]

through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Killian Swift, Antimicrobials Division 
(7510C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: 703-308-6346; fax number: 703-308-8481; 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, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and antimicrobial advocates; the chemical industry; pesticide 
users; and members of the public interested in the use of pesticides. 
Since others 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-2004-0301. 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, 
1801 S. Bell St., 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-2004-0301. 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-2004-0301. In contrast to EPA's

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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-2004-0301.
    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, 1801 S. Bell St., Arlington, VA, Attention: Docket ID 
Number OPP-2004-0301. 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.

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 is releasing for public comment its human health and 
environmental fate and effects risk assessment(s), and related 
documents for phenol/sodium phenate, an antimicrobial pesticide, and 
encouraging the public to suggest risk management ideas or proposals. 
Phenol/Sodium Phenate is registered for the uses identified below. EPA 
developed the risk assessment(s) and preliminary risk reduction options 
for Phenol/Sodium Phenate through a modified version of its public 
process for making pesticide reregistration eligibility and tolerance 
reassessment decisions. Through these programs, EPA is ensuring that 
pesticides meet current standards under the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and 
Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 
1996 (FQPA) and the Pesticide Registration Improvement Act of 2003 
(PRIA).
    Phenol is formulated as a pressurized ready-to-use liquid, and is 
registered for use as a sanitizer, bacteriostat, fungicide/fungistat, 
tuberculocide, disinfectant, and virucide. It is used to control animal 
pathogenic bacteria, animal pathogenic fungi, hydrophilic viruses, 
Polio Virus Type 1, Parvo Virus, lipophilic Viruses, Vaccinia Virus, 
influenza A2(Hong Kong, Japan, Japan 305/57 Asian Strain), HIV-1 (Human 
Immunodeficiency Virus), and mold/mildew.
    Phenol has a number of use sites including indoor food uses in 
eating establishments on equipment and utensils, non-food indoor uses 
in commercial-transportation facilities, institutional and industrial 
floors, industrial premises and equipment, laundry equipment, paints, 
latex, and specialty industrial products. Indoor residential uses of 
phenol encompass the bathroom, hard surfaces, diaper pails, dogs and 
canines, household and domestic dwellings, solid waste containers 
(garbage cans). Phenol also has indoor, medical uses on surgical 
instruments and pacemakers (critical items), catheters and inhalation 
equipment (semi-critical items), bedpans and furniture (non-critical 
items), non-conductive floors, critical premises (burn wards), non-
critical premises, patient premises, and institutional premises (human 
and veterinary). Additionally, phenol is used in aquatic non-food 
residential areas for swimming pool water systems. Phenol also is found 
in over-the-counter drugs for treatment of various conditions, 
including insect bites, poison ivy, diaper rash, antiseptics, and acne 
(21 CFR 310.531 and 310.545).
    EPA is providing an opportunity, through this notice, for 
interested parties to provide written comments and input on the 
Agency's risk assessment(s) for phenol/sodium phenate. Such comments 
and input could address, for example, the availability of additional 
data to further refine the risk assessments, or could address the 
Agency's risk assessment methodologies and assumptions as applied to 
this specific pesticide.
    EPA seeks to achieve environmental justice, the fair treatment and 
meaningful involvement of all people, regardless of race, color, 
national origin, or income, in the development, implementation, and 
enforcement of environmental laws, regulations, and policies. To help 
address potential environmental justice issues, the Agency seeks 
information on any groups or segments of the population who, as a 
result of their location, cultural practices, or other factors, may 
have atypical, unusually high exposure to Phenol/Sodium Phenate, 
compared to the general population.
    All comments should be submitted using the methods in Unit I. of 
the SUPPLEMENTARY INFORMATION, and must

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be received by EPA on or before the closing date. Comments will become 
part of the Agency record for Phenol/Sodium Phenate.
    EPA is applying the principles of public participation to all 
pesticides undergoing reregistration and tolerance reassessment. In 
conducting these programs, the Agency is tailoring its public 
participation process to be commensurate with the level of risk, extent 
of use, complexity of the issues, and degree of public concern 
associated with each pesticide. For Phenol/Sodium Phenate, a modified, 
4-phase process with one comment period and ample opportunity for 
public consultation seems appropriate in view of its refined risk 
assessment(s), limited use, small number of users, few complex issues, 
few affected stakeholders, and/or other factors. However, if as a 
result of comments received during this comment period EPA finds that 
additional issues warranting further discussion are raised, the Agency 
may lengthen the process and include a second comment period, as 
needed. EPA plans to issue the Phenol/Sodium Phenate RED as a final 
document for public comment.

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

    Section 4(g)(2) of FIFRA as amended, 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 
products or taking other ``appropriate regulatory action.''

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 9, 2004.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 04-20913 Filed 9-15-04; 1:46 pm]
BILLING CODE 6560-50-S