[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74488-74493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28982]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2008-0758; FRL-8393-6]
U.S. Government's Process for Obtaining Stakeholder Information
for Chemicals Proposed for Addition to the Stockholm Convention on
Persistent Organic Pollutants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On behalf of the U.S. government agencies comprising the
Interagency Working Group (IWG) on Persistent Organic Pollutants (POPs)
(hereafter USG), EPA is issuing this notice to promote transparency,
increase awareness of the proposals concerning chemicals for addition
to the Stockholm Convention on Persistent Organic Pollutants (hereafter
Convention), to make interested persons aware of the process for adding
chemicals to the Convention, to indicate at which steps receiving
comments or information from interested persons would be useful to the
interagency process, and to indicate for those steps the type of
information to be submitted and the due date. EPA is issuing this
notice to ensure that the process for the review of chemicals proposed
for addition to the Convention allows sufficient time for the
submission and consideration of public comments on chemicals proposed
for addition to the Convention. EPA, on behalf of USG, intends to issue
future notices that alert interested persons to additional chemicals
proposed for addition to the Convention and for which the approach to
commenting described in this notice will be applied. EPA's
responsibility with respect to this process will be to ensure that
comments received are considered by the Agency as part of its internal
process and to ensure that comments received are made available to USG
for their consideration.
DATES: All comments must be received no later than November 30, 2009.
However, specific due dates for earlier responses can be found in Unit
II.G.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2008-0758, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2008-0758. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2008-0758. 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 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. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. 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 OPPT Docket. The OPPT Docket is located in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
For technical information contact: Amy Breedlove, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 564-9823; 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
particular interest to chemical substance and pesticide manufacturers,
importers, and processors. Since other entities may also 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
technical person listed under FOR FURTHER INFORMATION CONTACT.
[[Page 74489]]
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
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. Procedures for preparing CBI. Procedures for preparing CBI
information related to pesticides and industrial chemicals are in Unit
I.B.1. Send CBI information about industrial chemicals using the
submission procedures under ADDRESSES. Send CBI information about
pesticides to: Kristen Hendricks, Field and External Affairs Division
(7506P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001 or hand
delivered Monday-Friday, excluding Federal holidays, between 9 a.m. and
5 p.m. to: Kristen Hendricks, Government and International Services
Branch, Field and External Affairs Division, Office of Pesticide
Programs, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Rm.
S11336, Arlington, VA 22202.
3. CBI to remain in the United States. Commenters should note that
none of the CBI information received by EPA will be forwarded to the
Secretariat of the Convention. Information from submissions containing
CBI may be considered by relevant agencies in the development of the
U.S. response. If commenters wish for USG to consider incorporating
information in documents with CBI as part of the U.S. response,
commenters should provide a sanitized copy of the documents. Sanitized
copies must be complete, except that all information claimed as CBI
must be deleted. EPA will place sanitized copies in the public docket.
4. 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?
Although the United States has not ratified the Convention, it has
an opportunity, as an observer, to provide submissions for review. The
Agency is issuing this notice on behalf of USG to increase awareness of
the proposals concerning chemicals for addition to the Convention, to
make interested persons aware of the process for adding chemicals to
the Convention, to indicate at which steps receiving comments or
information from interested parties would be useful to USG, and to
indicate for those steps the type of information sought and the due
date. EPA is issuing this notice in order to improve the process used
for soliciting comments on chemicals being reviewed for addition to the
Convention.
In the future, EPA, on behalf of USG, intends to issue a Federal
Register notice when a chemical is first proposed by a nominating Party
to alert interested persons and to solicit comments from interested
persons at the intervals described in this notice. Since several months
often elapse between steps in the nomination process, EPA will make a
good faith effort to issue e-mail reminders of upcoming due dates to
interested parties. Parties interested in receiving such e-mails should
send an e-mail with their preferred e-mail address to the technical
person listed under FOR FURTHER INFORMATION CONTACT. Persons interested
in contacting EPA directly to discuss POPs related subject matter,
should contact Karissa Taylor Kovner, Senior Policy Advisor for
International Affairs (7101M), Office of the Assistant Administrator
for Prevention, Pesticides and Toxic Substances, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 564-0564; e-mail address:
[email protected].
B. What is the Agency's Authority for Taking this Action?
On behalf of USG, EPA is requesting comment and information under
the authority of section 102(2)(F) of the National Environmental Policy
Act, 42 U.S.C. 4321 et seq., which directs all agencies of the Federal
Government to ``[r]ecognize the worldwide and long-range character of
environmental problems and, where consistent with the foreign policy of
the United States, lend appropriate support to initiatives, resolutions
and programs designed to maximize cooperation in anticipating and
preventing a decline in the quality of mankind's world environment.''
Section 17(d)(1) of the Federal Insecticide, Fungicide and Rodenticide
Act (FIFRA) also provides additional support in that it directs the
Administrator of EPA ``in cooperation with the Department of State and
any other appropriate Federal agency, [to] participate and cooperate in
any international efforts to develop improved pesticide research and
regulations.''
C. What is the Stockholm Convention Chemical Listing Process?
The United States signed the Convention in May of 2001 but has not
yet ratified it (and thus is not a Party to the Convention). The United
States currently participates as an observer in Convention activities.
The Convention, which went into force in May of 2004, requires the
Parties to reduce or eliminate the production and use of a number of
intentionally produced POPs, i.e., those listed in Annex A or B. The
Convention also calls upon Parties to take certain specified measures
to reduce releases of unintentionally produced POPs listed in Annex C
with the goal of their continuing minimization and, where feasible,
ultimate elimination. The Convention also imposes controls on the
handling of POPs wastes and on trade in POPs chemicals.
In addition, there are certain procedures and science-based
criteria that Parties to the Convention use when considering the
addition of new chemicals to the Convention's Annexes. Article 8 of the
Convention provides the process to be followed for listing new
chemicals in Annexes A, B, and/or C, and is described in summary in
this unit:
[[Page 74490]]
1. A Party to the Convention may submit a proposal to the
Secretariat for listing a chemical in Annexes A, B, and/or C. The
proposal shall contain the information specified in Annex D of the
Convention (``Information Requirements and Screening Criteria'').
2. The Secretariat verifies that the proposal contains the
information specified in Annex D, and if the Secretariat is satisfied,
the proposal is forwarded to the POPs Review Committee (hereafter
POPRC).
3. POPRC examines the proposal, applies the Annex D screening
criteria, and determines whether the screening criteria have been
fulfilled.
4. If POPRC is satisfied that the criteria have been fulfilled,
POPRC, through the Secretariat, will make the proposal and the POPRC's
evaluation available to all Parties and observers and invite them to
submit the information specified in Annex E (``Information Requirements
for the Risk Profiles'').
5. A draft risk profile is prepared by an ad hoc working group
under POPRC in accordance with Annex E for consideration by POPRC and
made available to all Parties and observers to collect technical
comments. The penultimate final draft is distributed to obtain public
comment from Parties and observers. The outline to be used in
developing the risk profile can be found on the Convention website
(http://www.pops.int).
6. POPRC reviews the final draft risk profile and technical
comments, finalizes the risk profile, includes a determination as to
whether the chemical is likely, as a result of its long-range
environmental transport, to lead to significant adverse human health
and/or environmental effects, such that global action is warranted.
7. If POPRC decides that the chemical is likely as a result of its
long-range environmental transport to lead to significant adverse human
health and/or environmental effects such that global action is
warranted, then POPRC, through the Secretariat, will ask Parties and
observers to provide information specified in Annex F (``Information on
Socio-Economic Considerations'') to aid in the development of risk
management evaluations (that include an analysis of possible control
measures).
8. A draft risk management evaluation is prepared by an ad hoc
working group under POPRC in accordance with Annex F for consideration
by POPRC and made available to Parties and observers to collect
technical comments. The penultimate final draft is distributed to
obtain public comment from Parties and observers. The outline to be
used in developing the risk management evaluation can be found on the
Convention website.
9. POPRC reviews the draft risk management evaluation prepared by
the ad hoc working group and finalizes it.
10. On the basis of the risk profile and risk management evaluation
for each chemical, POPRC recommends whether the chemical should be
considered by the Conference of the Parties (COP) for listing in
Annexes A, B, and/or C, depending on the control measures.
11. Parties may be asked by the Secretariat, prior to the COP
meeting, to provide any specific concerns they have regarding listing a
chemical in a particular annex.
12. COP makes the final decision whether to list the chemical in
Annexes A, B, and/or C.
D. What is the Purpose and Content of a Risk Profile?
Risk profiles, as noted in Annex E of the Convention, ``evaluate
whether the chemical is likely, as a result of its long-range
environmental transport, to lead to significant adverse human health
and/or environmental effects, such that global action is warranted.''
The risk profile also further evaluates and elaborates on the
information referred to in Annex D of the Convention and includes, as
far as possible, the information listed in Annex E.
E. What is the Purpose and Content of a Risk Management Evaluation?
Risk management evaluations include an analysis of possible control
measures, which in accordance with Annex F of the Convention
(``Information on Socio-Economic Considerations'') should encompass
``the full range of options, including management and elimination.''
The risk management evaluation includes socio-economic considerations
associated with possible control measures and reflects due regard for
the differing capabilities and conditions among the Parties.
Additionally, the document should discuss any specific exemptions or
acceptable purposes being considered.
F. Where can Information on the Convention's Activities be Found?
1. Previous Federal Register notices used to notify interested
parties of Convention activities and solicit comments, draft documents
for comment, and stakeholder comments can be found in docket EPA-HQ-
OPPT-2006-0794.
2. The Convention website is the location of all the chemical
proposals, risk profiles, risk management evaluations, information and
comments submitted by Parties and observers, meeting documents, etc.
i. Information such as the Secretariat's invitation letters,
requests for information, and outlines for the risk profiles and risk
management evaluations, can be found on the Convention website by
selecting the tab for Convention, selecting POPRC, and then selecting
Information Requests.
ii. Meeting documents can be found by selecting:
a. The Convention tab.
b. POPRC (or COP).
c. Meetings.
d. The particular meeting needed.
iii. Submissions from Parties and observers of Annex E information,
etc., can be found by selecting:
a. Convention.
b. POPRC.
c. Submissions (yr).
d. The type of information being looked for.
iv. Copies of the risk profiles, risk management evaluations, and
new proposals can be found by selecting:
a. Convention.
b. POPRC.
c. Chemicals under review.
G. At What Stages Would Input or Comments be Useful to USG?
1. Annex E and F related information solicitation stage. Typically,
several weeks after the Fall POPRC meeting, the Secretariat invites
Parties and observers to submit to POPRC (via the Secretariat)
information specified in Annex E and/or Annex F of the Convention, and
other relevant information for the chemicals proposed for addition to
the Convention. The Secretariat has posted the request for Annex E
information, in follow-up to the meeting of POPRC 4 in October 2008, on
the website with a due date of January 9, 2009. The information
collected will be considered by POPRC in its development of the risk
profile and/or risk management evaluation for each chemical. Some
Secretariat invitations to submit information are directed only to
Parties, other invitations are open to Parties and observers. Often the
information being requested by the Secretariat is not readily available
to EPA or other relevant agencies, and therefore stakeholder input can
be quite useful. USG will consider the information it receives for
Annex E and Annex F and use it to inform the U.S. submission to the
Secretariat as appropriate, as well as during the review of the
resulting draft risk profiles and risk management evaluations. EPA
requests that any information be submitted to USG using the
instructions in Unit I no later than
[[Page 74491]]
20 calendar days prior to the Secretariat's posted due date in order to
meet POPRC's deadline for the submission of Annex E/F and related
information. Individuals or organizations that wish to submit
information directly to POPRC via the Secretariat should work through
their respective observer organizations, if any.
2. Draft risk profile/risk management evaluation stage. The
Secretariat typically posts draft risk profiles and draft risk
management evaluations for comment by Parties and observers on the
Convention website in April, and invites comments to be submitted
within 5-6 weeks of the posting date. In 2009, the Secretariat plans to
make the draft documents available on the website in early-to-mid April
with comments due back to the Secretariat no later than late May. The
risk profile and risk management evaluation documents should contain
specifics about production, uses, releases, monitoring data, technical
feasibility of alternatives, costs, etc.; consequently, USG finds value
in comments from interested persons who can provide, or assess, such
information. Also useful are stakeholder comments on the synthesis and
conclusion sections of the document. EPA requests that comments or
information be submitted through this process no later than 15 calendar
days prior to the Secretariat's posted deadline in order to provide
time for the relevant agencies to consider the comments before the U.S.
government provides its response to the Secretariat.
3. Prior to POPRC/COP meetings. The Secretariat posts documents,
including the final draft risk profiles and risk management
evaluations, on the Convention website to be discussed at upcoming
POPRC or COP meetings typically 1-2 months prior to the meeting. In
2009, the Secretariat plans to post documents for POPRC 5 on the
website by the end of August. If interested parties wish to submit any
written comments regarding those documents to USG, comments should be
received by EPA no later than 20 calendar days prior to the meeting.
Any comments received will be used to inform the U.S. position on
issues to be discussed at the meeting. Separate from the risk profile/
risk management evaluation process, EPA expects the Secretariat to post
meeting documents for COP 4 by early April 2009.
H. What Information is Needed for Chemicals Entering the Annex E Stage?
1. USG seeks information that is supplementary to the information
in the proposals and POPRC's evaluation of the proposals against the
Annex D screening criteria. The proposals and the evaluations are
available on the Convention website.
2. Commenters are invited to provide information they deem relevant
to POPRC's development of risk profiles, such as that specified in
Annex E of the Convention and other related information, as described
in paragraphs i. through v. of this unit:
i. Sources, including as appropriate:
a. Production data, including quantity and location.
b. Uses.
c. Releases, such as discharges, losses, and emissions.
ii. Hazard assessment for the endpoint or endpoints of concern (as
identified in the proposals and/or POPRC's evaluation of the proposals
against the screening criteria of Annex D), including a consideration
of toxicological interactions involving multiple chemicals.
iii. Environmental fate, including data and information on the
chemical and physical properties of a chemical as well as its
persistence and how they are linked to its environmental transport,
transfer within and between environmental compartments, degradation,
and transformation to other chemicals. (POPRC is to make a
determination of the bioconcentration factor or bio-accumulation
factor, based on measured values, available, except when monitoring
data are judged to meet this need.)
iv. Monitoring data.
v. Exposure in local areas and, in particular, as a result of long-
range environmental transport, and including information regarding bio-
availability.
I. What Information is Needed for Chemicals Entering the Annex F Stage?
1. For the chemicals entering the risk management stage, USG seeks
information that is supplementary to the information provided during
previous stages in the review process; i.e., information relevant to
Convention Annexes D and E; the proposals, evaluations and risk
profiles. These documents, as well as the Secretariat's letter
soliciting information, can be found on the Convention website.
2. When providing information, keep in mind that the possible
control measures under the Convention include, among others, the
prohibition or severe restriction of production and use. The provision
of accurate, high quality information is a priority for POPRC's
evaluation.
3. Commenters are invited to provide information they deem relevant
to POPRC's development of the risk management evaluation, such as that
specified in Annex F of the Convention and other related information,
as described in paragraphs i. through viii. of this unit. Summary
information and relevant references should be provided for:
i. Efficacy and efficiency of possible control measures in meeting
risk reduction goals:
a. Describe possible control measures.
b. Technical feasibility.
c. Costs, including environmental and health costs.
ii. Alternatives (products and processes):
a. Describe alternatives.
b. Technical feasibility.
c. Costs, including environmental and health costs.
d. Efficacy.
e. Risk.
f. Availability.
g. Accessibility.
iii. Positive and/or negative impacts on society of implementing
possible control measures:
a. Health, including public, environmental and occupational health.
b. Agriculture, including aquaculture and forestry.
c. Biota (biodiversity).
d. Economic aspects.
e. Movement towards sustainable development.
f. Social costs.
iv. Waste and disposal implications (in particular, obsolete stocks
of pesticides and clean-up of contaminated sites):
a. Technical feasibility.
b. Cost.
v. Access to information and public education.
vi. Status of control and monitoring capacity.
vii. Any national or regional control actions taken, including
information on alternatives, and other relevant risk management
information.
viii. Other relevant information for the risk management
evaluation.
III. History of Proposed Chemicals to Date
A. First Five Chemicals Proposed
The first meeting of POPRC (POPRC 1) took place November 7-11,
2005, in Geneva, Switzerland. Information about the Convention, POPRC
meetings, and the meeting reports are available on the Convention
website. Five chemical proposals were submitted for consideration for
addition to Annexes A, B, and/or C of the Convention. Three of the five
proposals were for industrial chemicals:
Pentabromodiphenyl ether (PeBDE).
[[Page 74492]]
Hexabromobiphenyl (HBB).
Perfluorooctane sulfonate (PFOS).
Two of the five proposals were for pesticides:
Lindane.
Chlordecone.
With regard to all five chemicals, POPRC decided that it was
satisfied that the screening criteria had been fulfilled and that
further work should therefore be undertaken to develop risk profiles
for the five chemicals. Therefore, POPRC, through the Secretariat,
requested that Parties and observers provide information, per Annex E,
relevant to POPRC's development of risk profiles for the five chemicals
listed in this unit. See the Federal Register notice of January 30,
2006 (71 FR 4913) (FRL-7758-9) for additional information.
The second meeting of POPRC (POPRC 2) took place on November 6-10,
2006, in Geneva, Switzerland. See the Federal Register notice of
October 6, 2006 (71 FR 59108) (FRL-8099-2) for additional information.
Information about POPRC 2 is also available on the Convention website.
At that meeting, risk profiles were considered for the five previously
proposed chemicals and POPRC decided that these chemicals were likely,
as a result of their long-range environmental transport, to lead to
significant adverse human health and environmental effects such that
global action is warranted. Consequently, the five chemicals were moved
forward to the next step in the listing process. In the Federal
Register notice of December 20, 2006 (71 FR 76325) (FRL-8109-1), EPA
invited commenters to provide information, per Annex F, to support the
development of risk management evaluations. That information collection
step was followed by the development of risk management evaluations.
These risk management evaluations were then considered by POPRC 3 in
November 2007. At POPRC 3, for commercial PeBDE, chlordecone, HBB,
lindane, and PFOS, POPRC completed its review of the available
documents, considered the possible control measures, the available
social and economic information, and comments and information submitted
by Parties and observers relating to the considerations specified in
Annex F. POPRC decided to recommend to COP, in accordance with
paragraph 9 of Article 8 of the Convention, that COP consider listing
the chemicals in Unit III.A., with some modifications, in the
Convention. Parties were invited to notify the Secretariat of any
relevant issues they wish to raise to COP. Additional information on
production, use, and alternatives for PFOS was also requested.
B. Second Five Chemicals Proposed
Also at POPRC 2, five new chemicals were submitted for
consideration for addition to the Convention.
1. Two of the five proposals were for industrial chemicals:
i. Commercial octabromodiphenyl ether (c-octaBDE).
ii. Short-chained chlorinated paraffins (SCCPs).
2. One of the five proposals was for a chemical with both
industrial and pesticidal uses: Pentachlorobenzene (PeCB).
3. Two of the five proposals were for pesticides:
i. Alpha-hexachlorocyclohexane (alpha-HCH).
ii. Beta-hexachlorocyclohexane (beta-HCH).
EPA provided notice of POPRC 2 and POPRC's intention to consider
proposals for the five chemicals listed in this unit in the October 6,
2006 Federal Register notice. Additional information about the POPRC 2
meeting is available on the Convention website. POPRC 2 decided that
the Annex D screening criteria had been fulfilled and requested that
Parties and observers provide information, per Annex E, relevant to
development of risk profiles for the five chemicals listed in this
unit. POPRC 2 also requested additional information on the
environmental fate of SCCPs or information relating to their properties
which would enable a more comprehensive evaluation of their
environmental fate. In the December 20, 2006 Federal Register notice,
EPA invited commenters to provide information, per Annex E, for the
development of risk profiles. Risk profiles were developed and
presented in November 2007 for the consideration by POPRC 3.
In accordance with the procedure in Article 8 of the Convention,
POPRC 3 examined the risk profiles for the chemicals in this unit and
decided that the chemicals, except for SCCPs, are likely, as a result
of their long-range environmental transport, to lead to significant
adverse human health and/or environmental effects such that global
action is warranted. POPRC 3 directed the collection of information,
per Annex F, to be used in the development of the risk management
evaluations and also requested additional information related to
commercial octaBDE and its congeners, and PeCB. Initial draft risk
management evaluations were developed during the spring of 2008 for
consideration at POPRC 4 in October 2008. At POPRC 4, the risk
management evaluations for c-octaBDE, PeCB, alpha-HCH, and beta-HCH
were approved. POPRC decided to recommend, for c-octaBDE, that COP
consider listing in Annex A hexa- and heptaBDEs present in c-octaBDE,
using BDE-153, BDE-154, BDE-175, and BDE-183 as markers for enforcement
purposes. For PeCB, it was decided to recommend to COP that the
substance be listed in Annexes A and C. POPRC also decided to recommend
to COP that it consider listing alpha- and beta-HCH in Annex A, giving
due consideration to the by-production of these substances from the
production of lindane. Those recommendations are expected to be
presented to COP 4 in May 2009.
The draft risk profile for SCCPs was also examined at POPRC 3, but
POPRC considered the information available to be insufficient to
support the Convention Annex E-related decision that the chemical is
likely as a result of its long-range environmental transport to lead to
significant adverse human health and/or environmental effects such that
global action is warranted and therefore did not agree upon a risk
profile for the chemical. POPRC agreed to the further development of
the risk profile, asked Parties and observers for additional
information for the SCCP risk profile, and delayed the Convention Annex
E- related decision on SCCPs to POPRC 4. A revised risk profile was
prepared for consideration at POPRC 4. POPRC 4 agreed to consider the
risk profile, as revised, at POPRC 5.
C. Newest Chemicals Proposed
In the period between POPRC 3 and POPRC 4, two additional chemicals
were proposed for consideration to be listed in Annex A, B, and/or
Annex C to the Convention. Proposals were submitted for endosulfan, a
pesticide, and for hexabromocyclododecane (HBCDD), an industrial
chemical. The Secretariat reviewed the proposals and verified that they
contain the information specified in Annex D. Those evaluations are
posted on the Convention website. At POPRC 4, it was decided to not
take action on the HBCDD proposal since the relevant documentation was
not submitted sufficiently in advance of the meeting. POPRC 5 will
consider the HBCDD proposal. Regarding the endosulfan proposal, POPRC 4
decided that alpha endosulfan, beta endosulfan, and technical
endosulfan, fulfill the screening criteria, established a working group
to prepare a draft risk profile in accordance with Annex E of the
Convention, and invited Parties and observers to submit the information
specified in Annex E to the Secretariat.
[[Page 74493]]
List of Subjects
Environmental protection, Chemicals, Hazardous substances.
Dated: December 1, 2008.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E8-28982 Filed 12-5-08; 8:45 am]
BILLING CODE 6560-50-S