[Federal Register Volume 69, Number 229 (Tuesday, November 30, 2004)]
[Notices]
[Pages 69600-69603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26404]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0402; FRL-7690-3]


Notice of Availability of the Preliminary Risk Assessment (PRA) 
for Pentachlorophenol (PCP)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability.

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SUMMARY: This notice announces the availability of documents that were 
developed as part of EPA's six-phase public participation 
reregistration process for pentachlorophenol. This notice starts the 
60-day public comment period for the Preliminary Risk Assessment (PRA) 
for pentachlorophenol (PCP only). EPA will review all comments received 
and address them accordingly. The Agency will then announce and conduct 
a public technical briefing on the revised risk assessment to provide 
an opportunity for the public to learn more about the data, 
information, and methods used to develop the revised risk assessment. 
The revised assessment will then be made available to the public, and 
the public will be invited to submit risk management ideas and/or 
proposals. By allowing access and opportunity for comments on the PRA, 
the Agency is seeking to strengthen stakeholder involvement and help 
ensure its decisions under the Food Quality Protection Act (FQPA) are 
transparent, and based on the best available information.

DATES: Comments, identified by docket control number OPP-2004-0402, 
must be received on or before January 31, 2005.

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

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person. Please follow the detailed instructions for each method as 
provided in Unit I of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: By mail: Heather A. Garvie, Office of 
Pesticide Programs (7510C), Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. Office location for 
commercial courier delivery, telephone number and e-mail address: Rm. 
308, Crystal Mall 2, 1801 S. Bell Street, Arlington, VA 22202, 
(703) 308-0034; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This announcement consists of two parts. The 
first part contains general information. The second part provides 
information on what actions the Agency intends to take.

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. You may be 
potentially affected by this action if you manufacture, sell, 
distribute, or use PCP products. The Congressional Review Act, 5 U.S.C. 
801 et seq., as added by the Small Business Regulatory Enforcement 
Fairness Act of 1996, does not apply because this action is not a rule, 
for purposes of 5 U.S.C. 804(3). 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 ID number OPP-2004-0402. 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 thisFederal 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. Copies of the PRA for PCP 
can also be obtained via http://www.epa.gov/pesticides/REREGISTRATION.
    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 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

[[Page 69602]]

follow the online instructions for submitting comments. Once in the 
system, select ``search,'' and then key in docket ID number OPP-2004-
0402. 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-2004-0402. 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-2004-0402.
    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-2004-0402. 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?

    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 notice 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 of your 
response. You also may provide the name, date, and Federal Register 
citation.

II. What Action is the Agency Taking?

    The production of PCP for wood preserving began on an experimental 
basis in the 1930s. In 1947 nearly 3,200 metric tons of PCP were 
reported to have been used in the United States by the commercial wood 
preserving industry. PCP was one of the most widely used biocides in 
the United States prior to regulatory actions to cancel and restrict 
certain non-wood preservative uses of PCP in 1987. Prior to the 1987 
Federal Register Notice which canceled and restricted certain non-wood 
uses of PCP, PCP was registered for use as a herbicide, defoliant, 
mossicide, and as a disinfectant.
    Indoor applications of PCP are prohibited in accordance with the 
restrictions indicated in the U.S. EPA Position Document 4 for Wood 
Preservative Pesticides: Creosote, Pentachlorophenol and Inorganic 
Arsenicals (1984, amended 1986). The use of PCP to treat wood intended 
for use in interiors is prohibited, except for a few low exposure uses 
(i.e., those support structures which are in contact with the soil in 
barns, stables, and similar sites and which are subject to decay or 
insect infestation). PCP is a restricted use pesticide for sale and use 
by certified applicators only. There are currently 10 active products 
containing PCP listed in the EPA Office of Pesticide Programs 
Information Network (OPPIN) database for chemical code 63001.
    EPA is making available preliminary risk assessments that have been 
developed as part of EPA's process for making reregistration 
eligibility decisions on PCP (the HCB and dioxin Preliminary Risk 
Assessment (PRA) chapters will be released at a later date). The Agency 
is providing the opportunity, through this notice, for interested 
parties to provide written comments and input to the Agency on the 
preliminary risk assessments for the chemical specified in this notice. 
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 chemical. Comments should be limited to issues 
raised within the preliminary risk assessments and associated 
documents. EPA will provide other opportunities for public comment on 
other science issues associated with PCP. Failure to comment on any 
issues as part of this opportunity will in no way prejudice or limit a 
commenter's opportunity to participate fully in later notice and 
comment processes. All comments should be submitted by 60 days from the 
date of the publication of this Federal Register notice.

[[Page 69603]]

List of Subjects

    Environmental protection, pentachlorophenol, wood preservatives, 
pesticides and pests.

    Dated: November 24, 2004.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.

[FR Doc. 04-26404 Filed 11-29-04; 8:45 a.m.]
BILLING CODE 6560-50-S