[Federal Register Volume 88, Number 124 (Thursday, June 29, 2023)]
[Notices]
[Pages 42066-42067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13879]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0136; FRL-11049-01-OCSPP]


Pesticide Registration Review; Sulfuryl Fluoride Revised 
Mitigation and Response to Comments on the Draft Interim Re-Entry 
Mitigation Measures Memorandum; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Sulfuryl 
Fluoride Revised Mitigation and Response to Comments on the Draft 
Interim Re-Entry Mitigation Measures Memorandum, which is being issued 
to address human health concerns and in response to EPA's Office of 
Inspector General 2016 (OIG) Report, Additional Measures Can Be Taken 
to Prevent Deaths and Serious Injuries from Residential Fumigations 
(No. 17-P-0053). Sulfuryl flouride is currently in registration review 
which is EPA's periodic review of pesticide registrations to ensure 
that each pesticide continues to satisfy the statutory standard for 
registration, that is, that the pesticide can perform its intended 
function without causing unreasonable adverse effects on human health 
or the environment. Through this program, EPA is ensuring that each 
pesticide's registration is based on current scientific and other 
knowledge, including its effects on human health and the environment. 
EPA may pursue mitigation at any time during the registration review 
process if it finds that a pesticide poses unreasonable adverse effects 
to human health or the environment. EPA believes that the mitigation 
measures outlined in the Sulfuryl Fluoride Revised Mitigation and 
Response to Comments on the Draft Interim Re-Entry Mitigation Measures 
Memorandum are necessary to address identified human health risk 
concerns from the use of sulfuryl fluoride as a structural fumigant in 
residential use sites.

ADDRESSES: The docket for this action, identified under docket 
identification (ID) number EPA-HQ-OPP-2009-0136, is available online at 
https://www.regulations.gov. Additional instructions on visiting the 
docket,

[[Page 42067]]

along with more information about dockets generally, is available at 
https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information 
contact: Moana Appleyard, Pesticide Re-Evaluation Division (7508P), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 566-2220; email address: [email protected].
    For general questions on the registration review program, contact: 
Melanie Biscoe, Pesticide Re-Evaluation Division (7508P), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW, Washington, DC 20460-0001; telephone number: (202) 566-0701; 
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 and 
human health 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 Chemical Review Manager 
listed under FOR FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2009-0136, is available at https://www.regulations.gov.

II. Background

    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 on human 
health or the environment. The sulfuryl flouride decision document, 
which is ahead of the typical mitigation phase of Registration Review, 
is in response to the EPA Office of the Inspector General's (OIG) 2016 
report entitled Additional Measures Can Be Taken to Prevent Deaths and 
Serious Injuries From Residential Fumigations (available at: https://www.epa.gov/sites/production/files/2016-12/documents/_epaoig_20161212-17-p-0053.pdf). The Agency issued the Sulfuryl Fluoride Draft Interim 
Re-Entry Mitigation Measures in May 2021 for public comment. During the 
comment period, comments were received that resulted in changes to the 
Agency's mitigation decision, including revising the aeration 
procedures. The purpose of the Sulfuryl Fluoride Revised Mitigation and 
Response to Comments on the Draft Interim Re-Entry Mitigation Measures 
Memorandum is to announce the final risk mitigation measures to address 
these recommendations from the OIG Report and provide responses to the 
comments received on the draft interim risk mitigation measures. EPA 
expects that the implementation of the mitigation measures described in 
this risk mitigation document will allow sulfuryl fluoride products to 
remain available to users while addressing the recommendations from the 
OIG report.
    Once all the risk assessments are completed for all the uses of 
sulfuryl fluoride, EPA may propose additional mitigation to address 
potential risks, as part of the normal registration review process. EPA 
will solicit public input on any additional risk mitigation in a 
Proposed Interim Decision (PID). Through the registration review 
program, EPA is ensuring that each pesticide's registration is based on 
current scientific and other knowledge, including its effects on human 
health and the environment.

III. Authority

    EPA is conducting its registration review of the sulfuryl fluoride 
documents listed in Unit IV pursuant to section 3(g) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) 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, or a human dietary risk from residues that result from the 
use of a pesticide in or on food.

IV. What action is the Agency taking?

    Pursuant to 40 CFR 155.58, this notice announces the availability 
of EPA's Sulfuryl Fluoride Revised Mitigation and Response to Comments 
on the Draft Interim Re-Entry Mitigation Measures, to finalize the 
Agency's early mitigation in response to the OIG Report.
    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. Background on the registration review program is 
provided at: https://www.epa.gov/pesticide-reevaluation.
    Authority: 7 U.S.C. 136 et seq.

    Dated: June 26, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2023-13879 Filed 6-28-23; 8:45 am]
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