[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Notices]
[Pages 29997-29999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10341]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0203; FRL-8130-1]


Ethylene Oxide; Revised Risk Assessments, Notice of Availability 
and Solicitation of Risk Reductions

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY:  This notice announces the availability of EPA's revised risk 
assessments for the fumigant/sterilant pesticide ethylene oxide (ETO). 
In addition, this notice solicits public comment on risk reduction 
options to protect ETO workers and a revised alternatives assessment. 
The Agency is having this second Phase-5 to focus on ETO's risks to 
workers under FIFRA. The public is encouraged to suggest risk 
management ideas or proposals to address the risks identified. EPA is 
developing a Reregistration Eligibility Decision (RED) for ETO through 
the full, 6-Phase 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.

DATES:  July 30, 2007.

ADDRESSES:  Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0203, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket's normal hours of operation (8:30 a.m. to 4 
p.m., Monday through Friday,

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excluding legal holidays). Special arrangements should be made for 
deliveries of boxed information. The Docket telephone number is (703) 
305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0203. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the docket and made 
available on the Internet. If you submit an electronic comment, EPA 
recommends that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 
Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov web 
site to view the docket index or access available documents. Although 
listed in the index, some information is not publicly available, e.g., 
CBI or other information whose disclosure is restricted by statute. 
Certain other material, such as copyrighted material, is not placed on 
the Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either in the 
electronic docket at http://www.regulations.gov, or, if only available 
in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One 
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. 
The hours of operation of this Docket Facility are from 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. The Docket 
telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT:  Susan Bartow, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 603-0065; fax 
number: (703) 308-8005; 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. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one 
complete version of the comment that includes 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. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What Action is the Agency Taking?

    EPA is making available the Agency's revised risk assessments, 
initially issued for comment through a Federal Register notice 
published on August 3, 2005, (70 FR 44632) (FRL-7729-2); a response to 
comments; and related documents for ETO. EPA also is soliciting public 
comment on risk reduction options for ETO relating to workers risks 
revised alternatives assessment for identified risks of concern. EPA 
developed the risk assessments for ETO 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).
    ETO is a fumigant/sterilant used to sterilize medical or laboratory 
equipment, pharmaceuticals, aseptic packaging, musical instruments, and 
beekeeping equipment or to reduce microbial load on cosmetics, whole 
and ground spices or other seasoning materials, and artifacts, archival 
material or library objects.
    EPA is providing an opportunity, through this notice, for 
interested parties to provide risk management proposalsor occupational 
issues or otherwise comment on risk management for ETO. Risks of 
concern associated with the use of ETO are as follows: The Agency's 
occupational exposure assessment for ETO's use as a sterilant indicates 
that cancer risks are of concern at the current regulatory levels 
established by the Occupational Safety

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and Health Administration (OSHA) and recommended by the National 
Institute of Occupational Safety and Health (NIOSH). Non-cancer worker 
exposure/risk is estimated to be of concern at the OSHA permissible 
exposure limit (PEL), but not of concern at the NIOSH recommended 
exposure limit (REL). Based on available data, the Agency anticipates 
the following activities to result in potential worker exposure to ETO: 
Inhalation exposure to ETO during sterilization activities; dermal 
exposure to ethylene glycol and the halohydrins during post-
sterilization activities; and inhalation exposure to off-gassed ETO 
from treated items during post-sterilization activities. In targeting 
these risks of concern, the Agency solicits information on effective 
and practical risk reduction measures. A revised paper outlining 
various ETO alternatives is also included as a separate document in the 
ETO docket EPA-HQ-OPP-2005-0203. The Agency is interested in 
information related to these alternatives.
    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, ETO is being reviewed 
through the full 6-Phase public participation process.
    All comments should be submitted using the methods in ADDRESSES, 
and must be received by EPA on or before the closing date. Comments and 
proposals will become part of the Agency Docket for ETO. Comments 
received after the close of the comment period will be marked ``late'' 
EPA is not required to consider these late comments.
    After considering comments received, EPA will develop and issue the 
ETO RED.

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.''

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 16, 2007.
 Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E7-10341 Filed 5-30-07; 8:45 am]
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