[Federal Register Volume 73, Number 74 (Wednesday, April 16, 2008)]
[Notices]
[Pages 20627-20629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8168]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2003-0250; FRL-8358-9]


Chromated Copper Arsenate Revised Risk Assessments; Notice of 
Availability and Solicitation of Risk Reduction Options

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 restricted use antimicrobial pesticide chromated 
copper arsenate (CCA). In addition, this notice solicits public comment 
on risk reduction options for CCA and on EPA's preliminary benefits 
assessment (Phase 5 of 6-Phase Process). 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 CCA 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: Comments must be received on or before June 16, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2004-0402, 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 EPA-HQ-
OPP-2004-0402. 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

[[Page 20628]]

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 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 
website 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: Lance Wormell, Antimicrobials Division 
(7510P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 603-0523; fax number: (703) 308-6467; 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 March 17, 2004 (69 FR 12653) (FRL-7318-5); a response to 
comments; and related documents for CCA. EPA also is releasing for 
public comment a preliminary benefits assessment for CCA. EPA developed 
the risk assessments for CCA 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).
    The registered pesticides assessed in this reregistration case are 
arsenic acid, arsenic pentoxide, chromic acid, and sodium dichromate. 
The chemical case is generically referred to as ``CCA'', although it 
also includes wood preservative uses of other inorganic arsenic-based 
wood preservatives such as ammoniacal copper zinc arsenate (ACZA).
    CCA is a chemical wood preservative containing chromium, copper and 
arsenic. CCA is used in pressure treated wood to protect wood from 
rotting due to insects and microbial agents. EPA has classified CCA as 
a restricted use product, for use only by certified pesticide 
applicators.
    CCA has been used to pressure treat lumber since the 1940s. Since 
the 1970s, the majority of the wood used in outdoor residential 
settings has been CCA-treated wood. Pressure treated wood containing 
CCA is no longer being produced for use in most residential settings, 
including decks and playsets. Virtually all residential uses of CCA 
were voluntarily cancelled effective December 31, 2003 and, therefore, 
are not included in this reregistration case. EPA's risk assessment for 
previously registered residential uses is also available in docket EPA-
HQ-OPP-2003-0250.

[[Page 20629]]

    EPA is providing an opportunity, through this notice, for 
interested parties to provide risk management proposals or otherwise 
comment on risk management for CCA. Risks of concern identified in the 
revised assessments include worker risks (cancer and non-cancer) 
resulting from dermal/inhalation exposure to arsenic and inhalation 
exposure to chromium.
    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, CCA 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 CCA. 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 
CCA 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, Pests and pesticides.

    Dated: April 7, 2008.
Frank Sanders
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E8-8168 Filed 4-15-08; 8:45 am]
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