http://epa.gov/EPA-PEST/2004/November/Day-30/
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[Federal Register: November 30, 2004 (Volume 69, Number 229)]
[Notices]
[Page 69600-69603]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no04-53]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0402; FRL-7690-3]
Notice of Availability of the Preliminary Risk Assessment (PRA) for
Pentachlorophenol (PCP)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Availability.
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SUMMARY: This notice announces the availability of documents that were
developed as part of EPA's six-phase public participation reregistration
process for pentachlorophenol. This notice starts the 60-day public comment
period for the Preliminary Risk Assessment (PRA) for pentachlorophenol (PCP
only). EPA will review all comments received and address them accordingly. The
Agency will then announce and conduct a public technical briefing on the
revised risk assessment to provide an opportunity for the public to learn more
about the data, information, and methods used to develop the revised risk
assessment. The revised assessment will then be made available to the public,
and the public will be invited to submit risk management ideas and/or
proposals. By allowing access and opportunity for comments on the PRA, the
Agency is seeking to strengthen stakeholder involvement and help ensure its
decisions under the Food Quality Protection Act (FQPA) are transparent, and
based on the best available information.
DATES: Comments, identified by docket control number OPP-2004-0402, must be
received on or before
ADDRESSES: Comments may be submitted by mail, electronically, or in
[[Page 69601]]
person. Please follow the detailed instructions for each method as provided in
Unit I of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: By mail: Heather A. Garvie,
Office of Pesticide Programs (7510C), Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Office location for commercial
courier delivery, telephone number and e-mail address: Rm. 308, Crystal Mall
#2, 1801 S. Bell Street, Arlington, VA 22202, (703) 308-0034; e-mail: <A
HREF="garvie.heather@epa.gov">garvie.heather@epa.gov</A>.
SUPPLEMENTARY INFORMATION: This announcement consists of two parts. The first
part contains general information. The second part provides information on what
actions the Agency intends to take.
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general. You may be potentially
affected by this action if you manufacture, sell, distribute, or use PCP
products. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, does not apply
because this action is not a rule, for purposes of 5 U.S.C. 804(3). Since other
entities may also 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. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this action under
docket ID number OPP-2004-0402. The official public docket consists of the
documents specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute. The
official public docket is the collection of materials that is available for
public viewing at the Public Information and Records Integrity Branch (PIRIB),
Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA. This docket facility
is open from
2. Electronic access. You may access thisFederal
Register document electronically through the EPA Internet under the ``Federal
Register'' listings at <A HREF="http://www.epa.gov/fedrgstr/">http://www.epa.gov/fedrgstr/</A>.
An electronic version of the public docket is available through EPA's
electronic public docket and comment system, EPA Dockets. You may use EPA
Dockets at <A HREF="http://www.epa.gov/edocket/">http://www.epa.gov/edocket/</A> to submit or
view public comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that are
available electronically. Once in the system, select
``search,'' then key in the appropriate docket ID number. Copies of the
PRA for PCP can also be obtained via http://www.epa.gov/pesticides/REREGISTRATION.
Certain types of information will not be placed in the EPA Dockets. Information
claimed as CBI and other information whose disclosure is restricted by statute,
which is not included in the official public docket, will not be available for
public viewing in EPA's electronic public docket. EPA's policy is that copyrighted
material will not be placed in EPA's electronic public docket but will be
available only in printed, paper form in the official public docket. To the
extent feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the index list
in EPA Dockets, the system will identify whether the document is available for
viewing in EPA's electronic public docket. Although not all docket materials
may be available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in Unit
I.B.1. EPA intends to work towards providing electronic access to all of the
publicly available docket materials through EPA's electronic public docket.
For public commenters, it is important to note that
EPA's policy is that public comments, whether submitted electronically or in
paper, will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is restricted
by statute. When EPA identifies a comment containing copyrighted material, EPA
will provide a reference to that material in the version of the comment that is
placed in EPA's electronic public docket. The entire printed comment, including
the copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or delivered to the
docket will be transferred to EPA's electronic public docket. Public comments
that are mailed or delivered to the docket will be scanned and placed in EPA's
electronic public docket. Where practical, physical objects will be
photographed, and the photograph will be placed in EPA's electronic public
docket along with a brief description written by the docket staff.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the appropriate
docket ID number in the subject line on the first page of your comment. Please
ensure that your comments are submitted within the specified comment period.
Comments received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments. If you wish to submit CBI
or information that is otherwise protected by statute, please follow the
instructions in Unit I.D. Do not use EPA Dockets or e-mail to submit CBI or
information protected by statute.
1. Electronically. If you submit an electronic comment as prescribed in this
unit, EPA recommends that you include your name, mailing address, and an e-mail
address or other contact information in the body of your comment. Also include
this contact information on the outside of any disk or CD ROM you submit, and
in any cover letter accompanying the disk or CD
i. EPA Dockets. Your use of EPA's electronic public
docket to submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at <A HREF="http://www.epa.gov/edocket/">
http://www.epa.gov/edocket/</A>, and
[[Page 69602]]
follow the online instructions for submitting comments. Once
in the system, select ``search,'' and then key in docket ID number OPP-2004-
0402. The system is an ``anonymous access'' system, which means EPA will
not know your identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
ii. E-mail. Comments may be sent by e-mail to <A HREF="opp-docket@epa.gov">opp-docket@epa.gov</A>,
Attention: Docket ID Number OPP-2004-0402. In contrast to EPA's electronic
public docket, EPA's e-mail system is not an ``anonymous access'' system. If
you send an e-mail comment directly to the docket without going through EPA's
electronic public docket, EPA's e-mail system automatically captures your
e-mail address. E-mail addresses that are automatically captured by EPA's
e-mail system are included as part of the comment that is placed in the
official public docket, and made available in EPA's electronic public docket.
iii. Disk or CD
2. By mail. Send your comments to: Public Information
and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs
(OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2004-0402.
3. By hand delivery or courier. Deliver your comments
to: Public Information and Records Integrity Branch (PIRIB), Office of
Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal
Mall #2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID Number
OPP-2004-0402. Such deliveries are only accepted during the docket's normal
hours of operation as identified in Unit I.B.1.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI electronically through
EPA's electronic public docket or by e-mail. You may claim information that you
submit to EPA as CBI by marking any part or all of that information as CBI (if
you submit CBI on disk or CD ROM, 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 CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes any
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
and EPA's electronic public docket. If you submit the copy that does not
contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly
that it does not contain CBI. Information not marked as CBI will be included in
the public docket and EPA's electronic public docket without prior notice. If you
have any questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare my Comments for EPA?
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and /or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you arrived at the
estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the notice or collection activity.
7. Make sure to submit your comments by the deadline in this notice.
8. To ensure proper receipt by EPA, be sure to identify the docket control
number assigned to this action in the subject line of your response. You also
may provide the name, date, and Federal Register citation.
II. What Action is the Agency Taking?
The production of PCP for wood preserving began on an experimental basis in the
1930s. In 1947 nearly 3,200 metric tons of PCP were
reported to have been used in the
Indoor applications of PCP are prohibited in accordance with the restrictions
indicated in the U.S. EPA Position Document 4 for Wood Preservative Pesticides:
Creosote, Pentachlorophenol and Inorganic Arsenicals (1984, amended 1986). The
use of PCP to treat wood intended for use in interiors is prohibited, except
for a few low exposure uses (i.e., those support structures which are in
contact with the soil in barns, stables, and similar sites and which are
subject to decay or insect infestation). PCP is a restricted use pesticide for
sale and use by certified applicators only. There are currently 10 active
products containing PCP listed in the EPA Office of Pesticide Programs
Information Network (OPPIN) database for chemical code 63001.
EPA is making available preliminary risk assessments that have been developed
as part of EPA's process for making reregistration
eligibility decisions on PCP (the HCB and dioxin Preliminary Risk Assessment
(PRA) chapters will be released at a later date). The Agency is providing the
opportunity, through this notice, for interested parties to provide written
comments and input to the Agency on the preliminary risk assessments for the
chemical specified in this notice. Such comments and input could address, for
example, the availability of additional data to further refine the risk
assessments, or could address the Agency's risk assessment methodologies and
assumptions as applied to this specific chemical. Comments should be limited to
issues raised within the preliminary risk assessments and associated documents.
EPA will provide other opportunities for public comment on other science issues
associated with PCP. Failure to comment on any issues as part
of this opportunity will in no way prejudice or limit a commenter's
opportunity to participate fully in later notice and comment processes.
All comments should be submitted by 60 days from the date of the publication of
this Federal Register notice.
[[Page 69603]]
List of Subjects
Environmental protection, pentachlorophenol, wood preservatives, pesticides and
pests.
Dated:
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 04-26404 Filed
BILLING CODE 6560-50-S
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