[Federal Register Volume 73, Number 224 (Wednesday, November 19, 2008)]
[Notices]
[Pages 69646-69647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27307]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0416; FRL-8388[dash]4]


Chromated Arsenicals, Pentachlorophenol, Creosote Reregistration 
Eligibility Decisions; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Reregistration 
Eligibility Decision (REDs) for the pesticides chromated arsenicals 
(e.g., CCA), pentachlorophenol, and creosote, collectively referred to 
as ``heavy duty wood preservatives.'' The Agency's risk assessments and 
other related documents also are available in the chromated arsenicals, 
pentachlorophenol, and creosote Dockets. The term heavy duty wood 
preservative is used to differentiate wood preservatives applied using 
specialized high pressure treatment cylinders (also called ``retorts'') 
from those applied using non-specialized methods (e.g., brush, dip). 
The three wood preservatives are used primarily for industrial purposes 
such as utility poles, pilings, and railroad ties. EPA has reviewed the 
heavy duty wood preservatives 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: For pesticide-specific information 
contact the Chemical Review Manger identified in the Table in Unit II. 
for the pesticide of interest.
    For general 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. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under 
docket identification (ID) number EPA-HQ-OPP-2008-0416. 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?

    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 REDs for the pesticides, chromated arsenicals, 
pentachlorophenol, and creosote under section 4(g)(2)(A) of FIFRA. 
These heavy duty wood preservatives are applied using specialized high 
pressure treatment cylinders (also called ``retorts'') and treated 
products are used primarily for industrial purposes such as utility 
poles, pilings, and railroad ties. EPA has determined that the data 
base to support reregistration is substantially complete and that 
products containing chromated arsenicals, pentachlorophenol, and 
creosote are eligible for reregistration, provided the risks are 
mitigated either in the manner described in the REDs or by other means 
that achieve equivalent risk reduction. Upon submission of any required 
product specific data under section 4(g)(2)(B) of FIFRA and any 
necessary changes to the registration and labeling (either to address 
concerns identified in the REDs or as a result of product specific 
data), EPA will make final reregistration decisions under section 
4(g)(2)(C) of FIFRA for products containing chromated arsenicals, 
pentachlorophenol, and creosote.

[[Page 69647]]



      Table 1.--Reregistration Eligibility Decision Dockets Opening
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                                                        Chemical Review
   Registration Case Name and                         Manager, Telephone
             Number                Docket ID Number   Number, and E-mail
                                                            Address
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Chromated arsenicals, 0132        EPA-HQ-OPP-2003-02  Lance Wormell,
                                   50                  (703) 603-0523,
                                                      wormell.lance@epa.
                                                       gov
------------------------------------------------------------------------
Pentachlorophenol, 2505           EPA-HQ-OPP -2004-   Diane Isbell,
                                   0402                (703) 308-8154,
                                                      [email protected]
                                                       ov
------------------------------------------------------------------------
Creosote, 0139                    EPA-HQ-OPP-2003-02  Jacqueline
                                   48                  Campbell-
                                                       McFarlane, (703)
                                                       308-6416,
                                                      campbell-
                                                       mcfarlane.jacquel
                                                       [email protected]
------------------------------------------------------------------------

    Although the chromated arsenicals, pentachlorophenol, and creosote 
REDs were signed on September 25, 2008, certain components of the 
document, which did not affect the final regulatory decision, were 
undergoing final editing at that time. These components, including the 
list of additional generic and product-specific data requirements, 
appendices, minor typographical edits, and other relevant information, 
have been added to the chromated arsenicals, pentachlorophenol, and 
creosote RED documents.
    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, chromated arsenicals, 
pentachlorophenol, and creosote were reviewed through the full 6-Phase 
process. Through this process, EPA worked extensively with stakeholders 
and the public to reach the regulatory decisions for chromated 
arsenicals, pentachlorophenol, and creosote.
    The reregistration program is being conducted under congressionally 
mandated time frames, and EPA recognizes the need both to make timely 
decisions and to involve the public. The Agency is not issuing the 
chromated arsenicals, pentachlorophenol, and creosote REDs for public 
comment because they were reviewed through the full 6-phase process 
which included two 60-day comment periods.

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, antimicrobials, 
heavy duty wood preservatives.

    Dated: November 12, 2008.
 Joan Harrigan Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
FR Doc. E8-27307 Filed 11-18-08; 8:45 am
BILLING CODE 6560-50-S