[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
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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
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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