

[Federal Register: March 22, 2006 (Volume 71, Number 55)]
[Notices]               
[Page 14517-14519]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr06-66]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0150; FRL-7768-4]

 
Trichloromelamine, Sulfonated Oleic Acid-Sodium Salt, and 
Triethylene Glycol; Reregistration Eligibility Decision for Low Risk 
Pesticides; 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 Decisions (RED) for the pesticides trichloromelamine, 
sulfonated oleic acid-sodium salt and triethylene glycol, and opens a 
public comment period on these documents, related risk assessments, and 
other support documents. EPA has reviewed the low risk pesticides 
trichloromelamine, sulfonated oleic acid-sodium salt and triethylene 
glycol through a modified, streamlined version of 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.

DATES: Comments must be received on or before May 22, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number, by one of the following methods:
     For trichloromelamine, docket identification (ID) number EPA-HQ-
OPP-2005-0262.
     For sulfonated oleic acid-sodium salt, docket ID number EPA-HQ-
OPP-2005-0261.
     For triethylene glycol, docket ID number EPA-HQ-OPP-2005-0250 by 
one of the following methods:
     http://www.regulations.gov/. Follow the on-line 

instructions for submitting comments.
     Mail: Public Information and Records Integrity Branch 
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
     Hand Delivery: Public Information and Records Integrity 
Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1801 
S. Bell St., Arlington, VA, Attention: Docket ID number EPA-HQ- OPP-
2005-0262 for trichloromelamine; docket ID number EPA-HQ-OPP-2005-0261 
for sulfonated oleic acid-sodium salt and docket ID number EPA-HQ-OPP-
2005-0250 for triethylene glycol. The docket facility is open from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for thedocket facility is (703) 305-5805. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
     Instructions: Direct your comments to the chemical specific docket 
ID number (listed in ADDRESSES section). EPA's policy is that all 
comments received will be included in the public 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 
captured automatically and included as part of the comment that is 
placed in the public 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/docket.htm/
.

     Docket: All documents in the docket are listed in the 
regulation.gov index. Although listed in the index, some information is 
not publicly available, i.e., CBI or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically at 
http://www.regulations.gov/ or in hard copy at the Public Information 

and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1801 S. Bell St., Arlington, VA. The docket facility is 
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the docket facility is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT: For trichloromelamine, contact 
Jennifer Slotnick, Antimicrobials Division (7510C), Office of Pesticide 
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-0601; fax 
number: (703) 308-8481; e-mail address: slotnick.jennifer@epa.gov.
     For sulfonated oleic acid-sodium salt, contact Kathryn Jakob, 
Antimicrobials Division (7510C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-1328; fax 
number: (703) 308-8481; e-mail address: jakob.kathryn@epa.gov.
     For triethylene glycol, contact Heather Garvie, Antimicrobials 
Division (7510C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-0034; fax number: (703) 308-8481 e-
mail address: garvie.heather@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.

[[Page 14518]]

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.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 as 
CBI and then identify electronically within the disk or CD ROM the 
specific informationthat 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 submitting comments, 
remember to:
    i. Identify the document by docket 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?

     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. 
Using a modified, streamlined version of its public participation 
process, EPA has completed a Registration Eligibility Decision (RED) 
for the low risk pesticides, trichloromelamine, sulfonated oleic acid 
and triethylene glycol under section 4(g)(2)(A) of FIFRA.
     Trichloromelamine is a sanitizer and disinfectant with direct and 
indirect food uses, as well as non-food uses. It is used on hard 
surfaces and as a fruit and vegetable wash. End-use products are 
formulated as a soluble concentrate (in powder form). Trichloromelamine 
currently has a tolerance exemption as an antimicrobial pesticide when, 
ready for use, the end-use concentration does not exceed 200 parts per 
million (40 CFR 180.940(c)) when applied to food processing equipment 
and utensils.
     As an active ingredient, sulfonated oleic acid-sodium salt is used 
as a bactericide and sanitizer for non-porous dairy, beverage, brewery 
and food processing equipment. Sulfonated oleic acid-sodium salt is 
formulated as a liquid concentrate. The RED reassesses the exemption 
from the requirement for a tolerance for sulfonated oleic acid-sodium 
salt. The tolerance exemption for sulfonated oleic acid-sodium salt is 
listed in 40 CFR 180.940 (c) (69 FR 23136, April 28, 2004) (FRL-7335-
4).
     Triethylene glycol is used as a bacteriostat (against odor-causing 
bacteria) for air sanitization and deodorization. In combination with 
other active ingredients, it is used as a fungicide, virucide and 
miticide for disinfection of hard, non-porous surfaces and as an 
insecticide (against lice) by direct application to caged birds and to 
the cage. For these uses, triethylene glycol is formulated primarily as 
a pressurized liquid. This document also addresses the exposures from 
the use of this pesticide as an inert ingredient. As an inert 
ingredient, triethylene glycol facilitates delivery of formulated 
pesticide chemical products that are used as herbicides, fungicides, 
insecticides, growth regulators and attractants on a wide variety of 
agricultural commodities. In addition to the above, triethylene glycol 
is approved by the Food and Drug Administration (FDA) as a preservative 
for food packaging adhesives as listed in 21 CFR 175.105. Currently, 
however, there are no EPA registered products for this use. Triethylene 
glycol also has an indirect food additive regulation 21 CFR 177.1200 
(April 1, 2004) for its use as a plasticizer in cellophane. This use is 
regulated by the FDA.
     EPA has determined that the data base to support reregistration is 
substantially complete and that products containing trichloromelamine, 
sulfonated oleic acid-sodium salt and triethylene glycol will be 
eligible for reregistration, provided the risks are mitigated either in 
the manner described in the RED or by another means that achieves 
equivalent 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 any 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 trichloromelamine, sulfonated oleic acid-sodium salt and 
triethylene glycol.
     EPA must review tolerances and tolerance exemptions that were in 
effect when the Food Quality Protection Act 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 trichloromelamine, sulfonated oleic acid-sodium 
salt and triethylene glycol tolerances included in this notice.
     Although the RED decisions were made in FY03 (for triethylene 
glycol) and FY05 (for trichloromelamine and sulfonated oleic acid-
sodium salt), certain components of the documents which did not affect 
the final regulatory decision, were undergoing final editing at that 
time. None of these additions or changes alter the conclusions 
documented in the FY03 or FY05 REDs.
     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, the Agency 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. 
EPA can expeditiously reach decisions for pesticides like 
trichloromelamine, sulfonated oleic acid-sodium salt and triethylene 
glycol, which pose few or no risk concerns, affect few if any 
stakeholders, and require little or no risk mitigation. Once EPA 
assesses uses and risks for such low risk pesticides, the Agency may go 
directly to a decision and prepare a document summarizing its findings, 
such as the REDs.
     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 in finding ways to 
effectively mitigate

[[Page 14519]]

pesticide risks. These three cases, however, poses few or no risks that 
require mitigation. The Agency therefore is issuing the 
trichloromelamine RED, the sulfonated oleic acid-sodium salt RED as 
well as the triethylene glycol RED, its risk assessments, and related 
support materials simultaneously for public comment. The comment period 
is intended to provide an opportunity for public input and a mechanism 
for initiating any necessary amendments to the RED. All comments should 
be submitted using the methods in ADDRESSES, and must be received by 
EPA on or before the closing date. These comments will become part of 
the Agency Docket for the specific active ingredient. Comments received 
after the close of the comment period will be marked ``late.'' EPA is 
not required to consider these late comments.
     EPA will carefully consider all comments received by the closing 
date and will provide a Response to Comments Memorandum in the Docket 
and regulations.gov. If any comment significantly affects the document, 
EPA also will publish an amendment to the RED in the Federal Register. 
In the absence of substantive comments requiring changes, the RED will 
be implemented as it is now presented.

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: March 9, 2006.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 06-2710 Filed 3-21-06; 8:45 am]

BILLING CODE 6560-50-S
