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E-M:/ Pesticides for re-registration - Chromated Arsenicals, Pentachlorophenol, Creosote

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

Bush Administration publishes a finding on the re-registration of 
Chromated Arsenicals, Pentachlorophenol, Creosote as pesticides.

[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Page 69646-69647]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]


[EPA-HQ-OPP-2008-0416; FRL-8388[dash]4]

Chromated Arsenicals, Pentachlorophenol, Creosote Reregistration
Eligibility Decisions; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.


SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (REDs) for the pesticides chromated arsenicals
(e.g., CCA), pentachlorophenol, and creosote, collectively referred to
as ``heavy duty wood preservatives.'' The Agency's risk assessments and
other related documents also are available in the chromated arsenicals,
pentachlorophenol, and creosote Dockets. The term heavy duty wood
preservative is used to differentiate wood preservatives applied using
specialized high pressure treatment cylinders (also called ``retorts'')
from those applied using non-specialized methods (e.g., brush, dip).
The three wood preservatives are used primarily for industrial purposes
such as utility poles, pilings, and railroad ties. EPA has reviewed the
heavy duty wood preservatives 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: For pesticide-specific information
contact the Chemical Review Manger identified in the Table in Unit II.
for the pesticide of interest.
    For general information contact: Lance Wormell, Antimicrobials
Division (7510P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 603-0523; fax number: (703) 308-6467; e-
mail address: <A HREF="mailto:wormell.lance@epa.gov";>wormell.lance@epa.gov</A>.


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

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-2008-0416. Publicly
available docket materials are available either in the electronic
docket at <A HREF="http://www.regulations.gov";>http://www.regulations.gov</A>, 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 <A HREF="http://www.epa.gov/fedrgstr";>http://www.epa.gov/fedrgstr</A>.

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 REDs for the pesticides, chromated arsenicals,
pentachlorophenol, and creosote under section 4(g)(2)(A) of FIFRA.
These heavy duty wood preservatives are applied using specialized high
pressure treatment cylinders (also called ``retorts'') and treated
products are used primarily for industrial purposes such as utility
poles, pilings, and railroad ties. EPA has determined that the data
base to support reregistration is substantially complete and that
products containing chromated arsenicals, pentachlorophenol, and
creosote are eligible for reregistration, provided the risks are
mitigated either in the manner described in the REDs or by other means
that achieve equivalent risk reduction. Upon submission of any required
product specific data under section 4(g)(2)(B) of FIFRA and any
necessary changes to the registration and labeling (either to address
concerns identified in the REDs or as a result of product specific
data), EPA will make final reregistration decisions under section
4(g)(2)(C) of FIFRA for products containing chromated arsenicals,
pentachlorophenol, and creosote.

[[Page 69647]]

      Table 1.--Reregistration Eligibility Decision Dockets Opening
                                                        Chemical Review
   Registration Case Name and                         Manager, Telephone
             Number                Docket ID Number   Number, and E-mail
Chromated arsenicals, 0132        EPA-HQ-OPP-2003-02  Lance Wormell,
                                   50                  (703) 603-0523,
                                                      <A HREF="mailto:wormell.lance@epa";>wormell.lance@epa</A>.
Pentachlorophenol, 2505           EPA-HQ-OPP -2004-   Diane Isbell,
                                   0402                (703) 308-8154,
                                                      <A HREF="mailto:isbell.diane@epa.g";>isbell.diane@epa.g</A>
Creosote, 0139                    EPA-HQ-OPP-2003-02  Jacqueline
                                   48                  Campbell-
                                                       McFarlane, (703)
                                                       <A HREF="mailto:ine@epa.gov";>ine@epa.gov</A>

    Although the chromated arsenicals, pentachlorophenol, and creosote
REDs were signed on September 25, 2008, certain components of the
document, which did not affect the final regulatory decision, were
undergoing final editing at that time. These components, including the
list of additional generic and product-specific data requirements,
appendices, minor typographical edits, and other relevant information,
have been added to the chromated arsenicals, pentachlorophenol, and
creosote RED documents.
    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, chromated arsenicals,
pentachlorophenol, and creosote were reviewed through the full 6-Phase
process. Through this process, EPA worked extensively with stakeholders
and the public to reach the regulatory decisions for chromated
arsenicals, pentachlorophenol, and creosote.
    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. The Agency is not issuing the
chromated arsenicals, pentachlorophenol, and creosote REDs for public
comment because they were reviewed through the full 6-phase process
which included two 60-day comment periods.

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, Pesticides and pests, antimicrobials,
heavy duty wood preservatives.

    Dated: November 12, 2008.
 Joan Harrigan Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E8-27307 Filed 11-18-08; 8:45 am]


Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy, 
Expert Witness Review and Litigation Investigation on Air, Water and 
Waste/Community Environmental and Resource Protection
Prospectus at:  http://www.sagady.com/sagady.pdf 

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(517) 332-6971; ajs@sagady.com

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