[Federal Register Volume 72, Number 142 (Wednesday, July 25, 2007)]
[Notices]
[Pages 40855-40857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14173]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0589; FRL-8140-6]


Naphthenate Salts Risk Assessment; Notice of Availability and 
Risk Reduction Options

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY:  This notice announces the availability of EPA's risk 
assessment(s), and related documents for the pesticides copper 
naphthenate and zinc naphthenate (the naphthenate salts), and opens a 
public comment period on these documents. 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 the naphthenate salts through a modified, 4-Phase public 
participation process that the Agency uses to involve the public in 
developing pesticide reregistration decisions. Through this program, 
EPA is ensuring that all pesticides meet current health and safety 
standards.

DATES:  Comments must be received on or before September 24, 2007.

ADDRESSES:  Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2007-0589, 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, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information. The 
Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0589. 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 Web site 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 Bldg.), 2777 S. Crystal Dr., 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 
Facility telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Rebecca Cool, Antimicrobials Division 
(7501P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 347-8024; 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, 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).

[[Page 40856]]

     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 releasing for public comment its human health and 
environmental fate and effects risk assessments and related documents 
for the naphthenate salts, and soliciting public comment on risk 
management ideas or proposals. The naphthenate salts are microbiocide/
microbiostat, miticide, fungicides, insecticides, algaecide and 
herbicide/terrestrial chemicals. EPA developed the risk assessments and 
risk characterization for the naphthenate salts through a modified 
version 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).
    The naphthenate salts are used predominantly in industrial and 
commercial wood preservation for non-pressure (dip/brush/spray) and 
pressure treatments (vacuum/full-cell) to protect against fungal rot, 
decay, termites and wood-boring insects in unfinished wood and various 
fabricated wood products. These preservatives are also used for 
remedial treatments to in-service poles (internal/external surfaces at 
ground or below-ground level via brush/trowel, mechanical injection, or 
bandage wrap). Treated wood is specified for exterior above-ground, 
ground-contact, below-ground and fresh or salt water contact use 
applications. The naphthenate salts are also used as protective wood 
preservative surface treatments when applied to bare seasoned wood. 
Copper/zinc naphthenates are also used for mainly commercial/industrial 
materials preservation of cellulose-based cordage/textiles. Products 
are used as fungistats to control rot and mildew and are registered for 
impregnation by dip (primarily), or by spray and brush surface 
treatment. It is additionally used for incorporation into industrial 
textiles meeting military or government-specified needs. Examples of 
the materials/wood preserved using naphthenate salts include cellulose-
based fibers in cordage (ropes, twine, nets) and non-apparel and 
industrial textiles (tents, awnings, tarpaulins, canvas products, 
burlap, truck and boat covers, and non-rubber fabrics); outdoor wood 
building materials, such as particle board; lumber, patio decking, 
fence posts, and other wood products; and in-service wood utility poles 
and similar members.
    EPA is providing an opportunity, through this notice, for 
interested parties to provide comments and input on the Agency's risk 
assessments for the naphthenate salts. Such comments and input could 
address, for example, the availability of additional data to further 
refine the risk assessments, such as dermal toxicity data to support 
the wood preservation use; inhalation toxicity data, or could address 
the Agency's risk assessment methodologies and assumptions as applied 
to this specific pesticide.
    Through this notice, EPA also is providing an opportunity for 
interested parties to provide risk management proposals or otherwise 
comment on risk management for the naphthenate salts. Risks of concern 
associated with the use of the naphthenate salts are: Occupational 
handler exposure and risks of concern resulting from preservation of 
textiles and wood preservation; Residential handler exposure and risks 
of concern resulting from application of preservative coatings/water 
repellents for protection of outdoor-use wood/textiles (via brush/
roller and low pressure sprayer). In targeting these risks of concern, 
the Agency solicits information on effective and practical risk 
reduction measures.
    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 the naphthenate salts, 
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, the Agency is tailoring its public participation process to 
be commensurate with the level of risk, extent of use, complexity of 
the issues, and degree of public concern associated with each 
pesticide. For the napthenate salts, a modified, 4-Phase process with 
one comment period and ample opportunity for public consultation seems 
appropriate in view of its refined risk assessment. However, if as a 
result of comments received during this comment period EPA finds that 
additional issues warranting further discussion are raised, the Agency 
may lengthen the process and include a second comment period, as 
needed.
    All comments should be submitted using the methods in ADDRESSES, 
and must be received by EPA on or before the closing date. Comments 
will become part of the Agency Docket for the napthenate salts. 
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 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 
was completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests, Antimicrobials, 
Naphthenate salts


[[Page 40857]]


    Dated: July 17, 2007.
 Betty Shackleford,
Acting Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E7-14173 Filed 7-24-07; 8:45 am]
BILLING CODE 6560-50-S