

[Federal Register: January 16, 2008 (Volume 73, Number 11)]
[Notices]               
[Page 2912-2914]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja08-49]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-1166; FRL-8343-3]

 
Organic Esters of Phosphoric Acid Risk Assessments Risk Reduction 
Options; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's risk 
assessments, and related documents for the pesticide organic esters of 
phosphoric acid, and opens a public comment period on these documents. 
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 organic esters of phosphoric acid 
through a modified, 4-Phase public participation process that the 
Agency uses to involve the public in developing pesticide 
reregistration decisions. This is Phase 3 of the 4- Process. Through 
this program, EPA is ensuring that all pesticides meet current health 
and safety standards.

DATES: Comments must be received on or before March 17, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2007-1166, 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 Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-1166. 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 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 
website 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 Facility telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Heather Garvie, Antimicrobials 
Division (7510P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-0034; fax number: (703) 305-5620; e-

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

[[Page 2913]]

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.

II. Background

A. What Action is the Agency Taking?

    EPA is releasing for public comment its human health and 
environmental fate and effects risk assessments and related documents 
for organic esters of phosphoric acid, and soliciting public comment on 
risk management ideas or proposals. Organic esters of phosphoric acid 
are used as a fungistat and bacteristat largely on carpet backing. 
Other uses include incorporation into vinyl products, plastics, 
polymers, coatings, synthetics/nonwoven textiles, sealants, adhesives, 
caulks, and filters. No direct or indirect food contact uses are 
approved on registered end-use product labels. EPA developed the risk 
assessments and risk characterization for organic esters of phosphoric 
acid through a modified version 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).
    Organic esters of phosphoric acid are registered for use as a 
material preservative (added during manufacture of product) in such 
household, industrial, and institutional materials as: carpet backing; 
epoxy flooring, coating, tile and grout products; vinyl products (wall 
coverings, car tops, awnings, tarpaulins, tents, sails, drapes, shower 
curtains, flooring products, and films not for food contact); plastic 
furniture (not for food service or storage); acrylic, urethane, wax and 
varnish floor sealers, finishes, and maintainers (carpets shampoos, dry 
extraction compounds and cleaners, spot removers); polyvinyl acetate 
indoor and outdoor paints; polymeric laminates (not for food 
preparation surfaces); polymer concrete; synthetic and non-woven 
textiles (wall coverings, car tops, awnings, tarpaulins, tents, sails, 
drapes, shower curtains); polymeric packaging film (not for food 
contact); water, oil and solvent based paints, stains, and other 
coating systems for use on interior and exterior surfaces, substrates, 
machinery and equipment, including heating, ventilating and air 
conditioning systems; molded polymeric and polymer concrete bath tubs, 
showers, bathroom sinks, bathroom countertops and bathroom accessories; 
natural and synthetic polymeric sealants, adhesives and caulking 
compounds; textile upholstery, mattresses, mattress ticking and 
mattress covers; vinyl upholstery, mattresses, mattress ticking and 
covers; topical treatment of textile products including apparel, 
outerwear and undergarmets; air filters for furnaces, air conditioners, 
air purification devices, automobiles, and recirculating air handling 
systems.
    EPA is providing an opportunity, through this notice, for 
interested parties to provide comments and input on the Agency's risk 
assessments for organic esters of phosphoric acid. Such comments and 
input could address, for example, the availability of additional data 
to further refine the risk assessments, such as information regarding 
the paint/coatings uses, an inhalation toxicity study, or a dermal 
absorption study and leaching/extraction data to verify the transfer 
factor for clothing and mattress covers could address the Agency's risk 
assessment methodologies and assumptions as applied to this specific 
pesticide.
    Through this notice, EPA also is providing an opportunity for 
interested parties to provide risk management proposals or otherwise 
comment on risk management for organic esters of phosphoric acid. Risks 
of concern associated with the use of organic esters of phosphoric acid 
are: Residential dermal exposure resulting from the application of 
paint; residential post-application dermal exposure of children and 
adults to treated mattresses; residential post-application incidental 
ingestion exposure of children to carpet cleaners; residential post-
application dermal exposure of children and adults to treated textiles; 
and residential post-application incidental ingestion exposure of 
children to treated textiles; occupational dermal exposure resulting 
from the application of paint; and occupational inhalation exposure 
resulting from the application of paint using an airless sprayer. In 
targeting these risks of concern, the Agency solicits information on 
effective and practical risk reduction measures.
    EPA seeks to achieve environmental justice, the fair treatment and 
meaningful involvement of all people, regardless of race, color, 
national origin, or income, in the development, implementation, and 
enforcement of environmental laws, regulations, and policies. To help 
address potential environmental justice issues, the Agency seeks 
information on any groups or segments of the population who, as a 
result of their location, cultural practices, or other factors, may 
have atypical, unusually high exposure to organic esters of phosphoric 
acid, compared to the general population.
    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 
the issues, and degree of public concern associated with each 
pesticide. For organic esters of phosphoric acid, a modified, 4-Phase 
process with one comment period and ample opportunity for public 
consultation seems appropriate in view of its refined risk assessments, 
and/or other factors. However, if as a result of comments received 
during this comment period EPA finds that additional issues warranting 
further discussion are raised, the Agency may lengthen the process and 
include a second comment period, as needed.
     All comments should be submitted using the methods in ADDRESSES, 
and must be received by EPA on or before the closing date. Comments 
will become part of the Agency Docket for organic esters of phosphoric 
acid. Comments received after the close of the comment period will be 
marked ``late.'' EPA is not

[[Page 2914]]

required to consider these late comments.

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, Antimicrobials, Organic esters of 
phosphoric acid, and Pesticides pests.

    Dated: January 8, 2008.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E8-540 Filed 1-15-08; 8:45 am]

BILLING CODE 6560-50-S
