[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Notices]
[Pages 40336-40339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13372]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0123; FRL-7721-3]


Methyl Bromide Risk Assessments for Fumigant Pesticide; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's human health 
and environmental fate and effects risk assessments and related 
documents for the fumigant methyl bromide, and opens a public comment 
period on these documents. EPA is developing the Reregistration 
Eligibility Decision (RED) for methyl bromide through the full, 6-Phase 
public participation process that the Agency uses to involve the public 
in developing pesticide reregistration and tolerance reassessment 
decisions. EPA also is concurrently assessing the risks of five other 
soil fumigant pesticides to ensure that its assessment approaches are 
consistent, and to ensure that risk tradeoffs and economic outcomes can 
be adequately predicted in reaching risk management decisions. Through 
these programs, EPA is ensuring that all pesticides meet current health 
and safety standards.

DATES: Comments, identified by docket identification (ID) number OPP-
2005-0123, must be received on or before September 12, 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: Susan Bartow, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 603-0065; fax 
number: (703) 308-8041; 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 agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or 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 ID number OPP-2005-0123. 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.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

[[Page 40337]]

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-2005-0123. 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-2005-0123. 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-2005-0123.
    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-2005-0123. 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 making available the human health and environmental fate and

[[Page 40338]]

effects risk assessments for methyl bromide. Methyl bromide is a broad-
spectrum fumigant chemical that can be used as an acaricide, 
antimicrobial, fungicide, herbicide, insecticide, nematicide, and 
vertebrate control agent. The most prevalent use pattern is as a soil 
fumigant; however, it is also used as a structural fumigant and for 
post harvest treatment of commodities. The Agency developed these risk 
assessments as part 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).
    Methyl bromide is primarily used on terrestrial agricultural sites 
but other commonly treated sites include indoor food and non-food use 
sites, residential settings, and commercial/industrial facilities. 
Approximately 47 million total pounds were applied annually during the 
years 1990 through 1999. Pre-plant field uses in agriculture accounted 
for about 41 million pounds per year while post-harvest commodity 
treatments accounted for another 4 million pounds and structural 
fumigations accounted for 2.3 million pounds per year. Strawberries (54 
percent), eggplant (43 percent), peppers (17 percent), and tomatoes (13 
percent) are the crops with the highest percentage of their overall 
acreage treated.
    Regarding risks to humans from methyl bromide, there are no 
aggregate dietary risks of concern resulting from acute and chronic 
exposures (food and water only). However, residential risks exceed the 
Agency's level of concern for several scenarios. Worker risks also 
exceed Agency's level of concern for the majority of scenarios 
considered, even when appropriate mitigation measures were taken (e.g., 
respirators and emission reduction technology such as tarps). Acute 
risks to birds and mammals do not exceed the Agency's level of concern. 
However, there is a potential for exposure over a prolonged period. For 
aquatic organisms, the only aquatic LOC exceeded (based on estimated 
environmental concentrations) is the acute endangered species LOC for 
aquatic invertebrates.
    EPA is providing an opportunity, through this notice, for 
interested parties to provide comments and input on the Agency's risk 
assessments for methyl bromide. Such comments and input could address, 
for example, the availability of additional data to further refine the 
risk assessments, or information about specific use practices for crops 
that are produced using methyl bromide. For example, the following 
information would be helpful to EPA in characterizing regional and crop 
differences in use practices and possible effects on potential risk. 
When providing this information to the Agency, consider providing 
pictures or video footage to help clarify your comments.
    1. Crop.
    2. Fumigant use.
    3. Average acres grown per enterprise.
    4. Maximum acres fumigated per day.
    5. Percent of the acres grown that are fumigated.
    6. Typical application rate (lb a.i./acre).
    7. Minimum application rate used (lb a.i./acre)(for high pest 
pressure situations).
    8. Time of year that soil is fumigated.
    9. Fumigation cycle (every crop cycle, 1 time/year, 1 time/2 
years).
    10. Target pests (by category or specific pests).
    11. Method of application (e.g., chemigation, soil injection, 
specific equipment used, etc.).
    12. Methods or actions taken to reduce emissions (polyethylene 
tarps or soil cap).
    13. Could high-density polyethylene (HDPE) or high barrier tarps be 
used on this crop?
    14. Time between treatment and next production activity (e.g., time 
until planting).
    15. Typical crops following the fumigated crop (only if they 
benefit from the fumigation).
    16. Regulatory restrictions in your area on this fumigant or an 
alternative fumigant (such as weather restrictions).
    17. Soil restrictions on this fumigant or an alternative fumigant.
    18. Any restrictions or concerns about minimum soil temperature, 
hilly terrain, etc.
    19. Best available alternative (another fumigant or strategy such 
as leaving land fallow, etc.).
    20. Could the use of different soil fumigants be alternated (e.g., 
metam sodium followed by 1,3-D)? Specify how.
    21. Yield or quality impacts that are likely to result from moving 
to the best available alternative (i.e., change in commodity price or 
grade).
    22. Would moving to the next best alternative impact key market 
windows? How?
    23. Cost per acre of active ingredient.
    24. Cost per acre of other fumigation inputs (e.g., tarps and 
equipment).
    25. Is there a crop budget available for your area and crop?
    26. Do you know of any other contacts or other sources of 
information for this crop that could provide information on acreage, 
prices, pests, etc.?
    27. Are there non-chemical alternatives that can be used in place 
of fumigants? Describe use.
    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 methyl bromide, compared to 
the general population.
    EPA is applying the principles of public participation to all 
pesticides undergoing reregistration and tolerance reassessment. The 
Agency's Pesticide Tolerance Reassessment and Reregistration; Public 
Participation Process, published in the Federal Register on May 14, 
2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these 
programs, EPA is tailoring its public participation process to be 
commensurate with the level of risk, extent of use, complexity of 
issues, and degree of public concern associated with each pesticide. 
EPA plans to review methyl bromide through the full, 6-Phase public 
participation process.
    Comments should be limited to issues raised within the risk 
assessments and associated documents. Failure to comment on any such 
issues as part of this opportunity will not limit a commenter's 
opportunity to participate in any later notice and comment processes on 
this matter. All comments should be submitted using the methods in Unit 
I. of the SUPPLEMENTARY INFORMATION, and must be received by EPA on or 
before the closing date. Comments will become part of the Agency Docket 
for methyl bromide. Comments received after the close of the comment 
period will be marked ``late.'' EPA is not required to consider these 
late comments.

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

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reregistration,'' before calling in product specific data on individual 
end-use products and either reregistering products or taking other 
``appropriate regulatory action.''
    Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to 
review tolerances and exemptions for pesticide residues in effect as of 
August 2, 1996, to determine whether the tolerance or exemption meets 
the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review 
is to be completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 29,2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 05-13372 Filed 7-12-05; 8:45 am]
BILLING CODE 6560-50-S