

[Federal Register: May 2, 2007 (Volume 72, Number 84)]
[Notices]               
[Page 24301-24303]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02my07-60]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0008; FRL-8122-5]

 
Lime-sulfur (Inorganic polysulfides); Reregistration Eligibility 
Decision for Low Risk Pesticide; 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 Decision (RED) for the pesticide lime-sulfur (inorganic 
polysulfides also called calcium polysulfide), and opens a public 
comment period on this document, related risk assessments, and other 
support documents. EPA has reviewed the low risk pesticide lime-sulfur 
(inorganic polysulfides) 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 July 2, 2007.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2007-0008, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries

[[Page 24302]]

are only accepted during the Docket's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0008. 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 Federal 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.
    Docket: All documents in the docket are listed in the docket index. 
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 OPP 

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 
2777 S. Crystal Dr., Arlington, VA. The hours 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.

FOR FURTHER INFORMATION CONTACT: Bentley C. Gregg, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8178; fax 
number: (703) 308-7070; e-mail address: gregg.bentley@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. 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 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 submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Registerdate 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 RED for the low risk pesticide, lime-
sulfur (inorganic polysulfides also called calcium polysulfide) under 
section 4(g)(2)(A) of FIFRA. Lime-sulfur is a fungicide applied 
primarily in agricultural and residential settings, used to apply a 
liquid form of inorganic sulfur to growing crops and other sites. EPA 
has determined that the data base to support reregistration is 
substantially complete and that products containing lime-sulfur 
(inorganic polysulfides) will be eligible for reregistration. Upon 
submission of the 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 Lime-sulfur (Inorganic 
polysulfides).
    EPA must review the exemptions from the requirement for a tolerance 
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 exemption from 
the requirement for a tolerance for lime-

[[Page 24303]]

sulfur (inorganic polysulfides) included in this notice.
    Although the lime-sulfur (inorganic polysulfides) RED was signed on 
September 30, 2005, certain components of the document, which did not 
affect the final regulatory decision, were undergoing final editing at 
that time. These components, including the summary of labeling changes, 
appendices, and other relevant information, have been added to the 
lime-sulfur (inorganic polysulfides) RED document. In addition, 
subsequent to signature, EPA identified some minor errors and 
ambiguities in the document. Therefore, for the sake of accuracy, the 
Agency also has included the appropriate error corrections, amendments, 
and clarifications. None of these additions or changes alter the 
conclusions documented in the September 30, 2005, lime-sulfur 
(inorganic polysulfides) RED. All of these changes are described in 
detail in an errata memorandum which is included in the public docket 
for lime-sulfur (inorganic polysulfides).
    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 lime-sulfur 
(inorganic polysulfides), which pose few or no risk concerns, affect 
few stakeholders, and require 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 lime-sulfur (inorganic polysulfides) RED.
    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 pesticide risks. lime-sulfur (inorganic polysulfides), 
however, poses no risks that require mitigation. The Agency therefore 
is issuing the lime-sulfur (inorganic polysulfides) 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 lime-sulfur 
(inorganic polysulfides). 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 lime-
sulfur (inorganic polysulfides) 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.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: April 12, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E7-8276 Filed 5-1-07; 8:45 am]

BILLING CODE 6560-50-S
