[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21341-21343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08279]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2016-0167; FRL-9944-32]
Chlorpyrifos, Diazinon, and Malathion Registration Review; Draft
Biological Evaluations; Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA is announcing the availability of the draft biological
evaluations for the registration reviews of all uses of chlorpyrifos,
diazinon, and malathion for public review and comment. Registration
review is EPA's periodic review of pesticide registrations to ensure
that each pesticide continues to satisfy the statutory standard for
registration, that is, the pesticide can perform its intended function
without unreasonable adverse effects. Through the registration review
program, EPA is ensuring that each pesticide's registration is based on
the most current scientific methods. Furthermore, EPA is meeting its
obligation under section 7 of the Endangered Species Act by ensuring
that each pesticide's registration is not likely to jeopardize the
continued existence of any listed species or result in the destruction
or adverse modification of designated critical habitat.
DATES: Comments must be received on or before June 10, 2016.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2016-0167, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For pesticide specific information
contact: The Chemical Review Manager for the pesticide of interest
identified in the following table.
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Chemical review
Registration review case name Pesticide docket manager, telephone
and No. ID No. number, email address
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Chlorpyrifos, 100............. EPA-HQ-OPP-2008-0 Dana Friedman, 703-
850. 347-8827,
[email protected].
Diazinon, 238................. EPA-HQ-OPP-2008-0 Khue Nguyen, 703-347-
351. 0248,
[email protected].
Malathion, 248................ EPA-HQ-OPP-2009-0 Steven Snyderman, 703-
317. 347-0249,
[email protected].
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For general questions on the registration review program, contact:
Richard Dumas, Pesticide Re-Evaluation Division (7508P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; telephone number: (703) 308-8015;
email 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, farm
worker, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides and/or the potential impacts of pesticide use on
listed species and designated critical habitat. 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 Chemical Review Manager for the pesticide of
interest identified 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 email. 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 preparing and submitting
your comments, see the commenting tips at
[[Page 21342]]
http://www.epa.gov/dockets/comments.html.
3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, 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 or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.
II. Executive Summary
A. What action is the agency taking?
EPA is providing an opportunity for public review of its draft
biological evaluations for the registration reviews of chlorpyrifos,
diazinon, and malathion. Registration review is EPA's periodic review
of pesticide registrations to ensure that each pesticide continues to
satisfy the statutory standard for registration, that is, the pesticide
can perform its intended function without unreasonable adverse effects.
As part of the registration review process, the Agency has completed
comprehensive draft biological evaluations for all chlorpyrifos,
diazinon, and malathion uses.
These draft biological evaluations represent the first ever
nationwide assessments of these pesticides to federally endangered and
threatened species (i.e., listed species) and designated critical
habitat. The interim scientific methods used in these draft biological
evaluations were developed collaboratively with the U.S. Fish and
Wildlife Service (USFWS) and the National Marine Fisheries Service
(NMFS), hereafter referred to as the Services, based on recommendations
from the April 2013 National Academy of Sciences (NAS) report
``Assessing Risks to Endangered and Threatened Species from
Pesticides.'' As part of this effort, the U.S. Department of
Agriculture has provided expertise on crop production and pesticide
uses and assistance with the use of the National Agricultural
Statistics Service Cropland Data Layer to help define the footprint of
agricultural use patterns.
After reviewing comments received during the public comment period,
EPA will issue revised final biological evaluations, explain any
changes, respond to comments, and may request public input on risk
mitigation before completing proposed registration review decisions for
chlorpyrifos, diazinon, and malathion. For those species and designated
critical habitats where registered uses of the pesticides are ``likely
to adversely affect'' species and/or habitat, USFWS and NMFS will
utilize the analyses and data from the biological evaluations in their
final Biological Opinions for each of the three chemicals.
B. What is the agency's authority for taking this action?
EPA is conducting its registration review of chlorpyrifos,
diazinon, and malathion pursuant to section 3(g) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et
seq., and the Procedural Regulations for Registration Review at 40 CFR
part 155, subpart C. Section 3(g) of FIFRA provides, among other
things, that the registrations of pesticides are to be reviewed every
15 years. Under FIFRA, a pesticide product may be registered, or remain
registered, only if it meets the statutory standard for registration
given in FIFRA section 3(c)(5) (7 U.S.C. 136a(c)(5)). When used in
accordance with widespread and commonly recognized practice, the
pesticide product must perform its intended function without
unreasonable adverse effects on the environment; that is, without any
unreasonable risk to man or the environment.
EPA develops endangered species biological evaluations and consults
with the Services pursuant to section 7(a)(2) of the Endangered Species
Act (ESA), 16 U.S.C. 1531 et seq., and the implementing regulations at
50 CFR part 402.
III. Registration Reviews
As directed by FIFRA section 3(g), EPA is reviewing the pesticide
registrations for chlorpyrifos, diazinon, and malathion to ensure that
these registrations continue to satisfy the FIFRA standard for
registration--that is, that chlorpyrifos, diazinon, and malathion can
still be used without unreasonable adverse effects.
EPA has been collaborating with the Services to develop interim
scientific approaches to assess the impact of pesticides on listed
species and designated critical habitat, as required by ESA and as
recommended by the April 2013 NAS report. Chlorpyrifos, diazinon, and
malathion were selected for the development and implementation of these
interim approaches because these pesticides were included in the first
Biological Opinion issued by NMFS in response to litigation brought by
the Washington Toxics Coalition (WTC) with regard to salmonids in the
Pacific Northwest. This Biological Opinion was later remanded to NMFS
by the U.S. Court of Appeals for the 3rd Circuit. The interim
scientific approaches used in the draft biological evaluations for
chlorpyrifos, diazinon, and malathion were developed based on a
collaborative effort among the agencies, and will be refined based on
the public comments received on the draft biological evaluations as
well as input from an ESA stakeholder workshop planned for the summer
of 2016. More information on this process is available at https://www.epa.gov/endangered-species/implementing-nas-report-recommendations-ecological-risk-assessment-endangered-and.
Chlorpyrifos is an organophosphate (OP) insecticide, acaricide, and
miticide used to control a variety of insects on a variety of food and
feed crops. Currently registered uses include a variety of fruits,
nuts, vegetables, grains, and non-agricultural areas (such golf course
turf, industrial sites, greenhouses and nurseries, sod farms, and wood
products). Public health uses include aerial and ground-based fogger
treatments to control mosquitoes. There are also residential uses of
ant and roach bait products and fire ant mound treatments. EPA has
completed a draft biological evaluation to assess whether all
registered uses of chlorpyrifos may affect listed species and
designated critical habitat. The chlorpyrifos draft biological
evaluation is viewable at: https://www.epa.gov/endangered-species/biological-evaluation-chapters-chlorpyrifos. Comments on the draft
biological evaluation for chlorpyrifos should be submitted to the
chlorpyrifos registration review docket (EPA-HQ-OPP-2008-0850) at
http://www.regulations.gov.
Diazinon is a restricted use OP insecticide currently registered
for use on a number of fruits, vegetables, nuts, ornamentals, and in
cattle ear tags. All residential uses were phased out as part of risk
mitigation during reregistration, and there are currently no
residential uses. EPA has completed a draft biological evaluation to
assess whether all registered uses of diazinon may affect listed
species and designated critical habitat. The diazinon draft biological
evaluation is viewable at: https://www.epa.gov/endangered-species/biological-evaluation-chapters-diazinon. Comments on the draft
biological evaluation for diazinon should be submitted to the diazinon
[[Page 21343]]
registration review docket (EPA-HQ-OPP-2008-0351) at http://www.regulations.gov.
Malathion is a non-systemic, wide spectrum OP. It is used in the
agricultural production of a wide variety of food/feed crops to control
insects such as aphids, leafhoppers, and Japanese beetles. Malathion is
also used in USDA's Cotton Boll Weevil Eradication Program, Fruit Fly
(Medfly) Control Program, and for mosquito-borne disease control. It is
also registered for outdoor residential uses which include vegetable
gardens, home orchards, and ornamentals. EPA has completed a draft
biological evaluation to assess whether all registered uses of
malathion may affect listed species and designated critical habitat.
The draft malathion biological evaluation is viewable at: https://www.epa.gov/endangered-species/biological-evaluation-chapters-malathion. Comments on the draft biological evaluation for malathion
should be submitted to the malathion registration review docket (EPA-
HQ-OPP-2009-0317) at http://www.regulations.gov.
IV. Public Review and Comment Opportunity
Pursuant to 40 CFR 155.53(c), EPA is providing an opportunity,
through this notice of availability, for interested parties to provide
comments and input concerning the Agency's draft biological evaluations
for chlorpyrifos, diazinon, and malathion. Such comments and input
could address, among other things, the Agency's risk assessment
methodologies and assumptions, as applied to these draft biological
evaluations. The Agency will consider all comments received during the
public comment period and make changes, as appropriate, to the draft
biological evaluations. EPA will then issue final biological
evaluations, explain any changes to the draft biological evaluations,
and respond to comments. For those species and designated critical
habitats where registered uses of the pesticides are ``likely to
adversely affect'' species and/or habitat, USFWS and NMFS will utilize
the analyses and data from the biological evaluations in their final
Biological Opinions for each of the three chemicals. The final
Biological Opinions for the three chemicals are currently scheduled for
December 2017. In the Federal Register notice announcing the
availability of the final biological evaluations, if the final
biological evaluations indicate risks of concern, the Agency may
provide a comment period for the public to submit suggestions for
mitigating the risk identified in the final biological evaluations
before developing proposed registration review decisions for
chlorpyrifos, diazinon, and malathion.
1. Other related information. Additional information on endangered
species risk assessment and the NAS report recommendations are
available at https://www.epa.gov/endangered-species/implementing-nas-report-recommendations-ecological-risk-assessment-endangered-and.
Information on the Agency's registration review program and its
implementing regulation is available at https://www.epa.gov/pesticide-reevaluation.
2. Information submission requirements. Anyone may submit data or
information in response to this document. To be considered during a
pesticide's registration review, the submitted data or information must
meet the following requirements:
To ensure that EPA will consider data or information
submitted, interested persons must submit the data or information
during the comment period. The Agency may, at its discretion, consider
data or information submitted at a later date.
The data or information submitted must be presented in a
legible and useable form. For example, an English translation must
accompany any material that is not in English, and a written transcript
must accompany any information submitted as an audiographic or
videographic record. Written material may be submitted in paper or
electronic form.
Submitters must clearly identify the source of any
submitted data or information.
Submitters may request the Agency to reconsider data or
information that the Agency rejected in a previous review. However,
submitters must explain why they believe the Agency should reconsider
the data or information in the pesticide's registration review.
As provided in 40 CFR 155.58, the registration review docket for
each pesticide case will remain publicly accessible through the
duration of the registration review process; that is, until all actions
required in the final decision on the registration review case have
been completed.
Authority: 7 U.S.C. 136 et seq.
Dated: March 28, 2016.
Michael Goodis,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2016-08279 Filed 4-8-16; 8:45 am]
BILLING CODE 6560-50-P