[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]
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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.
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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]
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