[Federal Register Volume 73, Number 108 (Wednesday, June 4, 2008)]
[Notices]
[Pages 31868-31869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12493]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0955; FRL-8367-8]


Rodenticides Final Risk Mitigation Decision; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's final risk 
mitigation decision for 10 rodenticides, an addendum to the economic 
impact assessment, responses to comments on the proposed risk 
mitigation decision, and other supporting documents. The 10 
rodenticides covered by this risk mitigation decision are brodifacoum, 
bromadiolone, bromethalin, chlorophacinone, cholecalciferol, 
difenacoum, difethialone, diphacinone (and its sodium salt), warfarin 
(and its sodium salt), and zinc phosphide.
    EPA's final decision on the rodenticides includes two major 
components. To minimize children's exposure to rodenticide products 
used in homes, EPA is requiring that in the future, all rodenticide 
bait products available for sale to general consumers be sold only in 
bait stations. To reduce wildlife exposures and ecological risks, the 
Agency intends to prevent general consumers from purchasing bait 
products containing the rodenticides that pose the greatest risk to 
wildlife (the second generation anticoagulants - brodifacoum, 
bromadiolone, difethialone, and difenacoum) by requiring various 
measures to control sales and distribution. The Agency's decision will 
reduce rodenticide exposures to children and non-target wildlife, while 
ensuring residential users, livestock producers, and professional 
applicators access to a variety of effective and affordable rodent 
control products.

FOR FURTHER INFORMATION CONTACT: Kelly Sherman, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-8401; fax 
number: (703) 305-8005; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This notice 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 a docket for this action under 
docket

[[Page 31869]]

identification (ID) number EPA-HQ-OPP-2006-0955. 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 
Office of Pesticide Programs (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.
    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.

II. Background

A. What Action is the Agency Taking?

    EPA is making available the final risk mitigation decision document 
and related supporting documents for the following 10 rodenticides: 
brodifacoum, bromadiolone, bromethalin, chlorophacinone, 
cholecalciferol, difenacoum, difethialone, diphacinone (and its sodium 
salt), warfarin (and its sodium salt), and zinc phosphide. This final 
risk mitigation decision represents the Agency's final decision on the 
reregistration eligibility of rodenticide products containing 
brodifacoum, bromadiolone, bromethalin, chlorophacinone, 
cholecalciferol, diphacinone (and its sodium salt), warfarin (and its 
sodium salt), and zinc phosphide. It also constitutes the Agency's 
final action in response to the remand order in ``West Harlem 
Environmental Action and Natural Resources Defense Council v. U.S. 
Environmental Protection Agency'', 380 F.Supp.2d 289 (S.D.N.Y. 2005).
    EPA's final decision on the rodenticides includes two major 
components. To minimize children's exposure to rodenticide products 
used in homes, EPA is requiring that in the future, all rodenticide 
bait products available for sale to general consumers be sold only in 
bait stations. A range of different types of bait stations will meet 
the new requirements, providing flexibility in cost. To reduce wildlife 
exposures and ecological risks, the Agency intends to prevent general 
consumers from purchasing bait products containing the rodenticides 
that pose the greatest risk to wildlife (the second generation 
anticoagulants - brodifacoum, bromadiolone, difethialone, and 
difenacoum) by requiring various measures to control sales and 
distribution. These new requirements support EPA's goal of preventing 
the sale of the second generation anticoagulants on the general 
consumer market, but will not change how the livestock industry or 
other professional applicators use rodenticides.
    The Agency's decision will reduce rodenticide exposures to children 
and non-target wildlife, while ensuring residential users, livestock 
producers, and professional applicators access to a variety of 
effective and affordable rodent control products.
    The decision document, including the Agency's supporting rationale 
for the decision, can be found in docket identification number EPA-HQ-
OPP-2006-0955 at http://www.regulations.gov.
    Over the past 10 years, EPA has undertaken an open and transparent 
process to assess and mitigate the risks associated with use of the 
nine rodenticides as part of the Agency's program to ensure that all 
pesticides meet current health and safety standards. Draft documents 
and proposals have been subject to numerous opportunities for public 
comment; the Agency received over 700 comments in response to the 
January 2007 proposed decision and is releasing a response to comments 
along with the decision document. In reaching its regulatory decision 
on the 10 rodenticides, EPA has worked extensively with its 
stakeholders, interested Federal agencies, and the public to hear their 
concerns and suggestions.

B. What is the Agency's Authority for Taking this Action?

    EPA is reevaluating the use of eight of these rodenticides 
(brodifacoum, bromadiolone, bromethalin, chlorophacinone, 
cholecalciferol, diphacinone (and its sodium salt), warfarin (and its 
sodium salt), and zinc phosphide) pursuant to section 4 of FIFRA. The 
Agency's authority for implementing the risk mitigation measures 
identified in this risk mitigation decision in regard to all 10 
redenticides derives from various sections of FIFRA, including, but not 
limited to, sections 3, 4, and 6.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: May 28, 2008.
Steve Bradbury,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. E8-12493 Filed 6-3-08; 8:45 am]
BILLING CODE 6560-50-S