[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Notices]
[Pages 45719-45720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15605]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0167; FRL-7729-9]


2,4-D Reregistration Eligibility Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Reregistration 
Eligibility Decision (RED) for the pesticide 2,4-dichlorophenoxyacetic 
acid (2,4-D). The Agency's risk assessments and other related documents 
also are available in the 2,4-D Docket. 2,4-D is a phenoxy herbicide 
used for control of broadleaf weeds on a large number of food and non-
food crops. The majority of 2,4-D is used to control weeds in pasture 
and rangeland, residential lawns, wheat, field corn, soybeans, and 
roadways. In addition, 2,4-D is used for aquatic weed and forest 
management, and is used as a growth regulator in citrus. EPA has 
reviewed 2,4-D through the public participation process that the Agency 
uses 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.

FOR FURTHER INFORMATION CONTACT: Katie Hall, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0166; 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 identification (ID) number OPP-2004-0167. 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/.

[[Page 45720]]

    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 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. 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. 
Once in the system, select ``search,'' then key in the appropriate 
docket ID number.

II. Background

A. What Action is the Agency Taking?

    Under section 4 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to 
ensure that they meet current scientific and regulatory standards. EPA 
has completed a Reregistration Eligibility Decision (RED) for the 
pesticide, 2,4-D under section 4(g)(2)(A) of FIFRA. 2,4-D is a widely 
used phenoxy herbicide used to control broadleaf weeds in agriculture 
on a variety of field, fruit, and vegetable crops; on residential and 
other lawns; on turf and rights-of-way; in forestry; and in aquatic 
settings. 2,4-D and its related salts and esters are active ingredients 
in approximately 660 registered pesticide products. The chemical forms 
of 2,4-D supported for reregistration and addressed in the RED document 
include: 2,4-D acid, 2,4-D dimethylamine salt (DMAS), 2,4-D isopropyl 
acid (IPA), 2,4-D triisopropyl acid (TIPA), 2,4-D ethylhexyl ester 
(EHE), 2,4-D butoxyethyl ester (BEE), 2,4-D diethylamine (DEA), 2,4-D 
isopropyl ester (IPE), and 2,4-D sodium salt. There are currently over 
100 tolerances for 2,4-D. EPA has determined that the data base to 
support reregistration is substantially complete and that products 
containing 2,4-D are eligible for reregistration, provided the risks 
are mitigated in the manner described in the RED. Upon submission of 
any required product specific data under section 4(g)(2)(B) and any 
necessary changes to the registration and labeling (either to address 
concerns identified in the RED or as a result of product specific 
data), EPA will make a final reregistration decision under section 
4(g)(2)(C) for products containing 2,4-D.
    EPA must review tolerances and tolerance exemptions that were in 
effect when the Food Quality Protection Act (FQPA) was enacted in 
August 1996, to ensure that these existing pesticide residue limits for 
food and feed commodities meet the safety standard established by the 
new law. Tolerances are considered reassessed once the safety finding 
has been made or a revocation occurs. EPA has reviewed and made the 
requisite safety finding for the 2,4-D tolerances included in this 
notice.
    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. 
Due to its uses, risks, and other factors, 2,4-D was reviewed through 
the full 6-Phase public participation process. Through this process, 
EPA worked extensively with stakeholders and the public to reach the 
regulatory decisions for 2,4-D. Two 60-day public comment periods were 
held for 2,4-D. The first was held in the summer of 2004, when EPA 
invited public comment on the Agency's preliminary human health and 
ecological risk assessments for 2,4-D. The approximately 50 comments 
received were considered in revising the risk assessments and 
developing preliminary risk mitigation options, which were issued for 
public review and a second comment period in January 2005. Over 1,000 
comments were received during the second public comment period. EPA 
revised the risk assessments again in response to public comments and 
input received, as reflected in the 2,4-D RED. Because two public 
comment periods as well as numerous opportunities for informal 
consultation were offered during the development of this decision, and 
since all risk mitigation issues have been resolved, EPA does not plan 
to request additional public comment on the 2,4-D RED. The Agency 
therefore is issuing the 2,4-D RED without a comment period.

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.''
    Section 408(q) of the Federal Food, Drug, and Cosmetic Act (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: July 29, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 05-15605 Filed 8-4-05; 9:31 am]
BILLING CODE 6560-50-S