[Federal Register Volume 70, Number 106 (Friday, June 3, 2005)]
[Notices]
[Pages 32614-32616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11105]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0134; FRL-7714-7]


Sodium Chlorite; Receipt of Application for Emergency Exemption, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a public health exemption request to use the 
pesticide product sodium chlorite (CAS No. 7758-19-2) to treat up to 
2,500 boxes of papers, pictures, negatives, and other items stored in a 
fumigation chamber in the garage basement of the Boca Building, in Boca 
Raton, FL, to control or inactivate potential contamination with 
Bacillus anthracis (anthrax) spores. The Applicant proposed the use of 
sodium chlorite specifically for inactivation of anthrax spores. Due to 
the urgent nature of this request, EPA authorized decontamination 
procedures at this site which involved sodium chlorite on April 4, 
2005, in advance of this Notice. With this notice, EPA is soliciting 
public comments on this action.

DATES: Comments, identified by docket identification (ID) number OPP-
2005-0134, must be received on or before June 20, 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: Carmen Rodia, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460-0001; telephone 
number: (703) 306-0327; fax number: (703) 308-5433; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are a person 
in the vicinity of the ``Boca Building,'' which is located at 5401 
Broken Sound Boulevard, Boca Raton, FL 33487-3512, or pesticide 
manufacturer (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
code has been provided to assist you and others in determining whether 
this action might apply to certain entities. 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-2005-0134. 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), Room 119, 
Crystal Mall 2, 1801 S. Bell St., Arlington, VA 22202-4501. 
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

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included in the official public docket, will not be available for 
public viewing in EPA Dockets. EPA's policy is that copyrighted 
material will not be placed in EPA Dockets 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 Dockets. 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 Dockets. 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 Dockets.
    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 Dockets 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 Dockets. 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 Dockets. Public 
comments that are mailed or delivered to the Docket will be scanned and 
placed in EPA Dockets. Where practical, physical objects will be 
photographed, and the photograph will be placed in EPA Dockets 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 Dockets. 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 Dockets 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-2005-0134. 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-2005-0134. In contrast to EPA Dockets, 
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 
Dockets, 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 Dockets.
    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 Avenue, NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2005-0134.
    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, Room 119, Crystal Mall 
2, 1801 S. Bell St., Arlington, VA 22202-4501, Attention: 
Docket ID Number OPP-2005-0134. 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 Dockets 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 Dockets. 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 Dockets 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 copies of any technical information and/or data you used 
that support your views.

[[Page 32616]]

    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.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the 
Administrator, any Federal or State agency may be exempted from any 
provision of FIFRA if the Administrator determines that emergency 
conditions exist which require the exemption. EPA's Office of Solid 
Waste and Emergency Response has requested the Administrator to issue a 
public health exemption for the use of the pesticide product Sabrechlor 
25 (which contains the active ingredient sodium chlorite) on various 
items present in the ``Boca Building,'' which is located at 5401 Broken 
Sound Boulevard, Boca Raton, FL 33487-3512 to inactivate potential 
contamination with Bacillus anthracis (anthrax) spores. Information in 
accordance with 40 CFR part 166 was submitted as part of this request. 
The West Palm Beach County Department of Health closed (quarantined) 
the Boca Building on October 7, 2001, after two employees were admitted 
to the hospital with symptoms of anthrax exposure.
    As part of this request, the Applicant asserted that approximately 
2,500 boxes containing items (e.g., papers, pictures, negatives, and 
other items) potentially contaminated with anthrax spores needed to be 
fumigated so that they no longer pose a human health risk and so that 
the quarantine imposed on the Boca Building by the West Palm Beach 
County Department of Health could be lifted and the building can be 
cleared for normal use. No pesticide product is currently registered 
for this use. The Remedial Action Plan (RAP) proposed that the 2,500 
boxes be treated in a tarp-covered, sealed chamber measuring 16' x 7.5' 
x 100' that is set up in the garage basement of the Boca Building. 
Because the chamber will hold only about 180 to 270 boxes per 
fumigation, a total of 9 to 15 fumigations will be required to 
decontaminate the entire lot. The requested decontamination method is 
the best alternative for these circumstances and will be effective in 
killing anthrax spores and will not pose unreasonable adverse effects 
to workers, the surrounding community, and the environment.
    The regulations governing section 18 of FIFRA require publication 
of a notice of receipt of an application for a public health exemption 
proposing the use of sodium chlorite specifically for inactivation of 
Bacillus anthracis (anthrax) spores because this is similar to previous 
requests and a complete application for registration under section 3 
has not been received (40 CFR 166.24(a)(6)). No pesticide products are 
currently registered by EPA for this use. The requested public health 
exemption was granted in advance of the public notification because EPA 
concluded that the need for the decontamination procedures was urgent, 
owing to the ongoing threat posed by the stored material that may have 
contained spores of the bacteria that causes anthrax. The 
decontamination work described in this notice commenced on or about the 
issue date for this public health exemption request (April 4, 2005) and 
will conclude by or before July 4, 2005, the expiration date for this 
exemption. This notice provides an opportunity for public comment on 
the granting of the exemption. The Agency, will review and consider all 
comments received during the 15-day public comment period regarding the 
public health exemption requested by EPA's Office of Solid Waste and 
Emergency Response.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 19, 2005.
Lois A. Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 05-11105 Filed 6-2-05; 8:45 am]
BILLING CODE 6560-50-S