

[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Notices]               
[Page 64621-64623]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no07-69]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0435; FRL-8151-3]

 
Ethyl Parathion; Final Determination Not to Initiate Special 
Review and Tributyltin Antifoulants; Final Determination to Terminate 
Special Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the Agency's decision not to initiate a 
Special Review of Ethyl Parathion and its decision to terminate the 
Special Review of Tributyltin (TBT) used in antifouling paints. The 
Agency has taken these actions because all pesticide registrations of 
ethyl parathion and all TBT antifouling paints are canceled. These 
decisions were proposed in the Federal Register on August 8, 2007 and 
the Agency received no comments in response to these proposed 
decisions.

FOR FURTHER INFORMATION CONTACT: Richard P. Dumas, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8015; fax 
number: (703) 308-8005; e-mail address: dumas.richard@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 64622]]

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you as a member 
of the general public or a stakeholder such as 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. This listing is not intended to be exhaustive, 
but rather provides a guide for readers regarding entities likely to be 
affected by this action. Other types of entities not listed in this 
unit could also be affected. 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-2007-0435. 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 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 Facility 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?

    1. Ethyl parathion. On May 16, 1986, as required by 40 CFR 154.21, 
EPA provided the registrants a preliminary notification that EPA was 
considering initiating a Special Review of Ethyl Parathion. The basis 
for the concern was acute toxicity to humans from oral and dermal 
exposure and to birds from dietary and dermal exposures. In 1991, to 
address the human health concerns, the registrants voluntarily canceled 
many uses of ethyl parathion and imposed several mitigation measures 
for the remaining nine uses.
    In 2002, all products being manufactured for sale in the U.S. were 
voluntarily canceled. However, four ethyl parathion product 
registrations held by Drexel Chemical Company that had not been 
manufactured for several years were not included in the 2002 
cancellation actions. On March 16, 2005, Drexel Chemical Company 
requested voluntary cancellation for the four registrations. The 
cancellation of the four remaining ethyl parathion product 
registrations was effective on December 13, 2006.
    On August 8, 2007, EPA proposed its decision not to initiate a 
Special Review of Ethyl Parathion. The proposal was made because there 
are no longer any pesticide products registered containing ethyl 
parathion, and thus the risk concerns have been mitigated. The public 
was provided an opportunity to comment on the proposal and no comments 
were received. Pursuant to 40 CFR 154.25, this notice announces the 
Agency's final determination not to initiate a Special Review of Ethyl 
Parathion.
    2. Tribuyltin antifoulants. The Special Review of Tribuyltin 
Antifoulants was initiated on January 8, 1986. Studies indicated 
toxicity to non-target marine and fresh water organisms at low levels, 
in some cases, at the parts per trillion level. On October 4, 1988, EPA 
partially concluded the Special Review of Tributyltin Antifoulants (53 
FR 39022). The Special Review was concluded except for the issue of the 
release rates of TBT from antifoulant paints into the environment. 
Since that time, all antifouling paint products containing TBT have 
been voluntarily canceled. The last cancellation was effective on 
December 1, 2005. Under 40 CFR 154.31, the Administrator must provide 
his rationale for terminating a Special Review and provide an 
opportunity for comment. On August 8, 2007 EPA proposed to terminate 
the Special Review of Tributytin Anitfoulants because there are no 
remaining pesticide registrations for the antifouling paint use. The 
Agency received no comments in response to this proposal. Pursuant to 
40 CFR 154.33, this notice announces the Agency's final determination 
to terminate the Special Review of Tributytin Antifoulants.

B. What is the Agency's Authority for Taking this Action?

    A pesticide product may be sold or distributed in the United States 
only if it is registered or exempt from registration under the Federal 
Insecticide, Fungicide and Rodenticide Act (FIFRA) as amended (7 U.S.C. 
136 et seq.). Before a product can be registered it must be shown that 
it can be used without causing ``unreasonable adverse effects on the 
environment,'' FIFRA section 3(c)(5). The term ``unreasonable adverse 
effects on the environment'' is defined in FIFRA section 2(bb) as ``any 
unreasonable risk to man or the environment, taking into account the 
economic, social, and environmental costs and benefits of the use of 
any pesticide.'' The burden of proving that a pesticide meets this 
standard for registration is, at all times, on the proponent of initial 
or continued registration. If at any time the Agency determines that a 
pesticide no longer meets this standard, the Administrator may cancel 
this registration under section 6 of FIFRA.
    The Special Review process provides a mechanism to permit public 
participation in EPA's deliberations prior to issuance of any Notice of 
Final Determination describing the regulatory action which the 
Administrator has selected. The Special Review process, which was 
previously called the Rebuttable Presumption Against Registration 
(RPAR) process, is described in 40 CFR part 154, published in the 
Federal Register of November 25, 1985 (50 FR 49015). The purpose of 
this process is to determine whether some or all registrations of a 
particular active ingredient or ingredients meet the FIFRA standard for 
registration, or whether amendment of the terms and conditions of 
registration or cancellation of portions or all of the registrations is 
appropriate.
    Prior to formal initiation of a Special Review, a preliminary 
notification is sent to registrants and applicants for registration 
pursuant to 40 CFR 154.21 announcing that the Agency is considering 
commencing a Special Review. Registrants and applicants for 
registration are allowed 30 days from receipt of the notification to 
comment on the Agency's proposal to commence a Special Review.
    If the Agency determines, after issuance of a notification pursuant 
to 40 CFR 154.21, that it will not conduct a Special Review, it is 
required under 40 CFR 154.23(b) to issue a proposed decision to be 
published in the Federal Register. Subsequent to receipt and evaluation 
of comments on the Proposed Decision Not To Initiate a Special Review, 
pursuant to 40 CFR 154.25 the Administrator must publish in the Federal 
Register his final decision regarding whether or not to initiate a 
Special Review. That regulation requires that a period of not less than 
30 days be provided for public comment on the Proposed Decision Not To 
Initiate a Special Review. The portion of this Notice concerning ethyl 
parathion is being issued pursuant to 40 CFR 154.25.

[[Page 64623]]

    If the Agency determines, after issuance of a notification pursuant 
to 40 CFR 154.21, that it will initiate a Special Review, 40 CFR 
154.23(c) requires the Administrator to publish a Notice of Special 
Review in the Federal Register. To conclude the Special Review after a 
Special Review has been initiated, 40 CFR 154.31 requires the 
Administrator to first publish a Notice of Preliminary Determination in 
the Federal Register. That regulation requires the Administrator to 
respond to all significant comments received on the Notice of Special 
Review and, among other things, make a preliminary determination of 
whether any of the applicable risk criteria have been satisfied. 
Finally, after receipt and evaluation of comments on the Notice of 
Preliminary Determination, 40 CFR 154.33 requires that the 
Administrator publish in the Federal Register a Notice of Final 
Determination, including the reasons for the determination. The portion 
of this Notice concerning the tributylin antifoulants is being issued 
pursuant to 40 CFR 154.33.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: November 8, 2007.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides, and 
Toxic Substances.
[FR Doc. E7-22374 Filed 11-15-07; 8:45 am]

BILLING CODE 6560-50-S
