

[Federal Register: May 2, 2007 (Volume 72, Number 84)]
[Notices]               
[Page 24295-24297]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02my07-56]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0350; FRL-8125-9]

 
Chloropicrin Revised Risk Assessments; Notice of Availability and 
Solicitation of Risk Reduction Options

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's revised risk 
assessments for the pesticide chloropicrin. In addition, this notice 
solicits public comment on risk reduction options paper for 
chloropicrin

[[Page 24296]]

and a preliminary benefits assessment. The public is encouraged to 
suggest risk management ideas or proposals to address the risks 
identified. EPA is developing a Reregistration Eligibility Decision 
(RED) for chloropicrin through the full, 6-Phase public participation 
process that the Agency uses to involve the public in developing 
pesticide reregistration and tolerance reassessment decisions. EPA is 
also concurrently assessing the risks of five other soil fumigant 
pesticides to ensure that its assessment approaches are consistent and 
to ensure that risk tradeoffs and economic outcomes can be adequately 
predicted in reaching management decisions. The Agency is seeking the 
same input for the other soil fumigants on a similar schedule. 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-2007-0350, 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 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-
2007-0350. 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 
available in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 

Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov web 
site to view the docket index or access available documents. 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: Nathan Mottl, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-0208; fax 
number: (703) 308-7070; e-mail address: mottl.nathan@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 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.

[[Page 24297]]

II. Background

A. What Action is the Agency Taking?

    EPA is making available the Agency's revised risk assessments, 
previously issued for comment through a Federal Register notice 
published on November 29, 2006 (Vol. 71 FR 69112) (FRL-8087-4 ); 
response to comments documents; and related documents for chloropicrin. 
EPA is also soliciting public comment on a risk reduction options paper 
for chloropicrin and preliminary benefits assessments. EPA developed 
the risk assessments for chloropicrin as part of its public process for 
making pesticide reregistration eligibility and tolerance reassessment 
decisions. Through these programs, EPA is ensuring that pesticides meet 
current standards under the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act 
(FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
    Chloropicrin is a non-selective pre-plant soil fumigant with 
fungicidal, herbicidal, insecticidal, and nematicidal properties. 
Chloropicrin is also used in combination with other soil fumigants and 
as a warning agent for other soil fumigants such as methyl bromide and 
telone (1,3-Dichloropropane). Chloropicrin is primarily used for pre-
plant soil uses for agricultural crops and greenhouses. However, 
chloropicrin is also used for fumigations for empty grain and storage 
bins, tree replant sites, and wood telephone poles and timber. An 
estimated 5-9 million pounds of chloropicrin is applied annually. Crops 
for which over a million pounds of chloropicrin are used annually 
include tobacco (3.6 million pounds), tomatoes (1.7 million pounds), 
and strawberries (1.4 million pounds). Strawberries (20 percent), 
tobacco (15 percent), and tomatoes (10 percent) are the crops with the 
highest percentage of their overall acreage treated. Many of the pre-
plant soil fumigation uses of chloropicrin are used in combination with 
either methyl bromide or telone.
    EPA is providing an opportunity, through this notice, for 
interested parties to provide risk management proposals or otherwise 
comment on risk management for chloropicrin. Risks of concern 
associated with the use of chloropicrin are: bystander inhalation 
exposure risk, worker inhalation risk, and ecological risk. Bystanders 
would include any person living, working, or located near a fumigant 
application that may be exposed to emissions coming off the treated 
field. A complete list of the risks and the mitigation options can be 
found in the Risk Mitigation Options Document (available at ID number 
EPA-HQ-OPP-2007-0350-0003). A Readers Guide has been created to provide 
and organizational structure to the chloropicrin docket, to allow 
readers to more easily access and navigate the various entries 
contained in the chloropicrin docket, and to facilitate public comment. 
You may find this guide at ID number EPA-HQ-OPP-2007-0350-0002. In 
targeting these risks of concern, the Agency solicits information on 
effective and practical risk reduction measures.
    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, chloropicrin is being 
reviewed through the full 6-Phase public participation process.
    All comments should be submitted using the methods in ADDRESSES, 
and must be received by EPA on or before the closing date. Comments and 
proposals will become part of the Agency Docket for chloropicrin. 
Comments received after the close of the comment period will be marked 
``late'' EPA is not required to consider these late comments.
    After considering comments received, EPA will develop and issue for 
comment the chloropicrin RED.

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.''

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 22, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E7-8371 Filed 5-1-07; 8:45 am]

BILLING CODE 6560-50-S
