[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Notices]
[Pages 16276-16278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6297]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0402; FRL-7707-1]


Preliminary Risk Assessments for the Contaminants of 
Pentachlorophenol (Hexachlorobenzene and Dioxins/Furans); Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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 (PCP). The Preliminary 
Risk Assessment (PRA) for PCP was published in the Federal Register on 
November 30, 2004, with a 60-day public comment period which ended on 
January 31, 2005. This notice announces the availability of the PRAs 
for hexachlorobenzene (HCB) and dioxins/furans, which are contaminants 
produced during the manufacture of PCP, and opens a 60-day public 
comment period.

DATES: Comments, identified by docket identification (ID) number OPP-
2004-0402, must be received on or before May 31, 2005.

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: Heather A. Garvie, Antimicrobials 
Division (7510C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-0034; 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. You may be 
potentially affected by this action if you manufacture, sell, 
distribute, or use PCP products. 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 this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/. Copies of the PRAs for PCP 
and its contaminants HCB and dioxins/furans can also be obtained via 
http://docket.epa.gov/edkpub/index.jsp/.
    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

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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 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?

    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.

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    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

    The production of pentachlorophenol (PCP) for wood preserving began 
on an experimental basis in the 1930s. In 1947, nearly 7 million pounds 
of PCP were reported to have been used in the United States by the 
commercial wood preserving industry. Pentachlorophenol 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 in 
1987. Prior to the 1987 Federal Register notice which announces Agency 
action to cancel and restrict certain non-wood uses of PCP, it was 
registered for use as a herbicide, defoliant, mossicide, and 
disinfectant. The 1987 notice also specified maximum allowable amounts 
of HCB and dioxins/furans that could be present in formulations of PCP.
    Indoor applications of PCP are prohibited in accordance with the 
restrictions included 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). Pentachlorophenol is a restricted use pesticide 
authorized for sale and use by certified applicators only. There are 
currently eight active products containing PCP (Chemical Code 063001) 
according to OPP.

III. What Action is the Agency Taking?

    EPA is making available preliminary risk assessments that have been 
developed as part of EPA's process for making reregistration 
eligibility decisions on HCB and dioxin/furans, contaminants of PCP. 
This notice starts the 60-day public comment period for the PRAs for 
HCB and dioxins/furans. The Agency is providing the opportunity, 
through this notice, for interested parties to provide written comments 
to the Agency on the PRAs for the chemicals specified in this notice. 
Such comments 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 these specific chemicals. Comments should be limited to 
issues raised within the PRAs and associated documents. EPA may 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 on or before May 31, 2005.
    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 assessments 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 PRAs, the Agency is seeking to 
strengthen stakeholder involvement and help ensure its decisions under 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended 
by the Food Quality Protection Act (FQPA), are transparent, and based 
on the best available information.

List of Subjects

    Environmental protection, Dioxin, Furan, Hexachlorobenzene(HCB), 
Pentachlorophenol (PCP), Pesticides and pests,Wood preservatives.


    Dated: March 24, 2005.
Jack E. Housenger,
Acting Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 05-6297 Filed 3-29-05; 8:45 am]
BILLING CODE 6560-50-S