E6-13342. Inorganic Chlorates Reregistration Eligibility Decision

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice.

SUMMARY:

This notice announces the availability of EPA's Inorganic Chlorates Reregistration Eligibility Decision (RED). The Agency's risk assessments and other related documents also are available in the inorganic chlorates Docket. Of the inorganic chlorates listed as active ingredients (i.e., sodium chlorate, calcium chlorate, potassium chlorate, and magnesium chlorate), only sodium chlorate is present as an active ingredient in currently registered products. Sodium chlorate is a non-selective herbicide used in both agricultural and non-agricultural settings. The majority of the agricultural use is on cotton as a defoliant/desiccant. The non-agricultural uses include building perimeters, fence rows, and parking lots. The Inorganic Chlorates RED also includes an assessment of risk resulting from chlorate concentrations in drinking water, which occur as a result of certain drinking water treatment practices. EPA has reviewed sodium chlorate through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

FOR FURTHER INFORMATION CONTACT:

Molly Clayton, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: [phone]; fax number: 703-308-7070; e-mail address: [e-mail].

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. 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-2005-0507. 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 Building), 2777 S. Crystal Drive 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 telephone number is [phone].

-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?

-Under section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to ensure that they meet current scientific and regulatory standards. EPA has completed a Reregistration Eligibility Decision (RED) for the inorganic chlorates under section 4(g)(2)(A) of FIFRA. Of the inorganic chlorates listed as active ingredients, only sodium chlorate is present as an active ingredient in currently registered products. Sodium chlorate is a non-selective, contact herbicide, and is used on both agricultural and non-agricultural use sites. Sodium chlorate is also used in drinking water disinfection processes. Sodium chlorate-containing pesticide products are eligible for reregistration, provided the risks are mitigated either in the manner described in the RED or by any other means that achieve equivalant risk reduction. Upon submission of any required product specific data under section 4(g)(2)(B) and any necessary changes to the registration and labeling (either to address concerns identified in the RED or as a result of product specific data), EPA will make a final reregistration decision under section 4(g)(2)(C) for products containing sodium chlorate.

-EPA must review tolerances and tolerance exemptions that were in effect when the Food Quality Protection Act (FQPA) was enacted in August 1996, to ensure that these existing pesticide residue limits for food and feed commodities meet the safety standard established by the new law. Tolerances are considered reassessed once the safety finding has been made or a revocation occurs. EPA has reviewed and made the requisite safety finding for the sodium chlorate tolerances included in this notice.

-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, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. Due to its uses, risks, and other factors, the inorganic chlorates, which include sodium chlorate as the only active ingredient, were reviewed through the modified 4-Phase public participation process. Through this process, EPA worked extensively with stakeholders and the public to reach the regulatory decisions for sodium chlorate.

-The reregistration program is being conducted under Congressionally mandated time frames, and EPA recognizes the need both to make timely decisions and to involve the public. Few substantive comments were received during the earlier comment periods for this pesticide, and/or all issues related to this pesticide were resolved through consultations with stakeholders. The Agency therefore is issuing the inorganic chlorates RED without a comment period.

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.”

-Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for pesticide residues in effect as of August 2, 1996, to determine whether the tolerance or exemption meets the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review is to be completed by August 3, 2006.

List of Subjects

• -Environmental protection
• Pesticides and pests

Dated: August 9, 2006.

Debra Edwards,

Director, Special Review and Reregistration Division, Office of Pesticide Programs.