

[Federal Register: August 16, 2006 (Volume 71, Number 158)]
[Notices]               
[Page 47212-47213]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au06-80]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0507; FRL-8087-2]

 
Inorganic Chlorates Reregistration Eligibility Decision

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY:  This notice announces the availability of EPA's Inorganic 
Chlorates Reregistration Eligibility Decision (RED). The Agency's risk 
assessments and other related documents also are available in the 
inorganic chlorates Docket. Of the inorganic chlorates listed as active 
ingredients (i.e., sodium chlorate, calcium chlorate, potassium 
chlorate, and magnesium chlorate), only sodium chlorate is present as 
an active ingredient in currently registered products. Sodium chlorate 
is a non-selective herbicide used in both agricultural and non-
agricultural settings. The majority of the agricultural use is on 
cotton as a defoliant/desiccant. The non-agricultural uses include 
building perimeters, fence rows, and parking lots. The Inorganic 
Chlorates RED also includes an assessment of risk resulting from 
chlorate concentrations in drinking water, which occur as a result of 
certain drinking water treatment practices. EPA has reviewed sodium 
chlorate 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:  Molly Clayton, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 603-0522; fax 
number: 703-308-7070; e-mail address: clayton.molly@epa.gov.

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-2005-0507. 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 Building), 2777 S. 
Crystal Drive Arlington, VA. The hours

[[Page 47213]]

of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The Docket 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 a Reregistration Eligibility Decision (RED) for the 
inorganic chlorates under section 4(g)(2)(A) of FIFRA. Of the inorganic 
chlorates listed as active ingredients, only sodium chlorate is present 
as an active ingredient in currently registered products. Sodium 
chlorate is a non-selective, contact herbicide, and is used on both 
agricultural and non-agricultural use sites. Sodium chlorate is also 
used in drinking water disinfection processes. Sodium chlorate-
containing pesticide products are eligible for reregistration, provided 
the risks are mitigated either in the manner described in the RED or by 
any other means that achieve equivalant risk reduction. Upon submission 
of any required product specific data under section 4(g)(2)(B) and any 
necessary changes to the registration and labeling (either to address 
concerns identified in the RED or as a result of product specific 
data), EPA will make a final reregistration decision under section 
4(g)(2)(C) for products containing sodium chlorate.
    EPA must review tolerances and tolerance exemptions that were in 
effect when the Food Quality Protection Act (FQPA) was enacted in 
August 1996, to ensure that these existing pesticide residue limits for 
food and feed commodities meet the safety standard established by the 
new law. Tolerances are considered reassessed once the safety finding 
has been made or a revocation occurs. EPA has reviewed and made the 
requisite safety finding for the sodium chlorate tolerances included in 
this notice.
    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, the inorganic chlorates, 
which include sodium chlorate as the only active ingredient, were 
reviewed through the modified 4-Phase public participation process. 
Through this process, EPA worked extensively with stakeholders and the 
public to reach the regulatory decisions for sodium chlorate.
    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. Few substantive comments were 
received during the earlier comment periods for this pesticide, and/or 
all issues related to this pesticide were resolved through 
consultations with stakeholders. The Agency therefore is issuing the 
inorganic chlorates RED without a comment period.

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.''
    Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for 
pesticide residues in effect as of August 2, 1996, to determine whether 
the tolerance or exemption meets the requirements of section 408(b)(2) 
or (c)(2) of FFDCA. This review is to be completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: August 9, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E6-13342 Filed 8-15-06; 8:45 am]

BILLING CODE 6560-50-S
