[Federal Register Volume 63, Number 246 (Wednesday, December 23, 1998)]
[Notices]
[Pages 71123-71126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34049]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-34159; FRL-6053-6]
Initiation of Aluminum and Magnesium Phosphide Stakeholder
Process; Notice of Availability of the Aluminum and Magnesium Phosphide
Reregistration Eligibility Decision Document; and Proposed Risk
Mitigation Measures for Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of and starts a 90-day
public comment period on the Reregistration Eligibility Decision (RED)
document for the active ingredients aluminum and magnesium phosphide.
The RED for these chemicals is the Agency's assessment of the health
and environmental risks of the subject chemicals and presents the
Agency's determination regarding which pesticidal uses are eligible for
reregistration. The RED contains a listing of possible mitigation
measures that the Agency is considering for these chemicals. The main
focus of the comment period is to collect input on these proposed
mitigation measures, their potential impacts, and alternative
mitigation measures that would accomplish the necessary risk reduction.
This notice also announces two national stakeholder meetings in Kansas
City, MO, and Sacramento, CA. The Agency specifically is asking for
input regarding the need for additional meetings in other parts of the
country and is seeking letters of interest regarding participating in a
stakeholder meeting.
DATES: Written comments on the RED must be submitted by March 23, 1999.
The stakeholder meeting(s) are expected to be held in May and June of
1999.
ADDRESSES: Three copies of comments identified with the docket control
number ``OPP-34159'' and the case number (noted below) should be
submitted to: By mail: Public Information and Records Integrity Branch,
Information Resources and Services Division (7502C), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. In person, deliver comments to the docket on the
first floor (Room 119), Crystal Mall 2 (CM #2), 1921 Jefferson Davis
Highway, Arlington, VA.
Comments and data may also be submitted electronically to opp-
[email protected]. Please see Unit III. of this notice for
additional instructions for electronic submissions. No Confidential
Business Information (CBI) should be submitted through e-mail.
Information submitted as a comment in response to this notice may
be claimed confidential by marking any part or all of that information
as CBI. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2. A copy of the
comment that does not contain CBI must be submitted for inclusion in
the public docket. Information not marked confidential will be included
in the public docket without prior notice (including comments and data
submitted electronically). The public docket and docket index,
including printed paper versions of electronic comments, which does not
include any information claimed as CBI will be available for public
inspection on the first floor (Room 119) at the address given above,
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays.
FOR FURTHER INFORMATION CONTACT: Technical questions on the RED
document or regarding the aluminum and magnesium phosphide stakeholder
meetings as described above should be directed to Mark Hartman at (703)
308-0734 or Hartman.M[email protected].
To request a copy of the above listed RED document, a listing of
the proposed risk mitigation measures or a RED Fact Sheet, contact the
OPP Pesticide Docket, Public Information and Records Integrity Branch,
first floor (Room 119), at the address given above or call (703) 305-
5805.
SUPPLEMENTARY INFORMATION:
I. Electronic Availability
Electronic copies of this document and various support documents
are available from the EPA home page at the Federal Register-
Environmental Documents entry for this document under ``Laws and
Regulations'' (http://www.epa.gov/fedrgstr/).
Electronic copies of the REDs and RED fact sheets can be downloaded
from the Pesticide Reregistration Eligibility Decisions (REDs) home
page at: http//www.epa.gov/REDs.
II. Background
The Agency has issued a Reregistration Eligibility Decision (RED)
document for the pesticidal active ingredients listed above. Under the
Federal Insecticide, Fungicide, and Rodenticide Act, as amended in 1988
and 1996, EPA is conducting a reregistration program to reevaluate the
databases of existing pesticides to make sure they meet current
scientific and regulatory standards. The data base to support the
reregistration of each of the chemicals listed above is substantially
complete.
All registrants of products containing one or more of the above
listed active ingredients have been sent the appropriate RED documents
and must respond to product specific data requirements (if applicable)
within 3 months of receipt. Any requirements for revision of labeling
and use practices
[[Page 71124]]
will be determined at the conclusion of the stakeholder process. When
final risk mitigation measures are determined, registrants must make
the needed label changes within 8 months. Products containing other
active ingredients will not be reregistered until those other active
ingredients are determined to be eligible for reregistration.
The reregistration program is being conducted under congressionally
mandated time frames, and EPA recognizes both the need to make timely
reregistration decisions and to involve the public. Therefore, EPA is
issuing this RED as a final document with a 90-day comment period.
Although the 90-day public comment period does not affect the
registrant's response due date, it is intended to provide an
opportunity for public input and a mechanism for initiating amendments
to the RED. All comments will be carefully considered by the Agency.
A. National Aluminum and Magnesium Phosphide Stakeholder Meeting(s)
Given the high toxicity of aluminum and magnesium phosphide and
potential risks posed to applicators, and occupational and residential
bystanders (people in work areas not directly involved in fumigation/
aeration and people in nearby residential areas), the Agency has
developed a number of mitigation measures which it proposes in order
toreduce the risks outlined in the RED. However, since aluminum and
magnesium phosphide have significant benefits and there are few, if
any, viable alternatives, one of which is methyl bromide, the Agency
believes that it is important that a broad stakeholder process be
conducted to discuss these measures and/or to develop other workable
mitigation measures that adequately protect occupational and
residential bystanders.
Therefore, the Agency is planning to conduct a public comment and
stakeholder process to accomplish this objective.
During the public comment period, commencing with the publishing of
this notice, comments and suggestions will be collected and reviewed
concerning these measures. Based upon this input, the proposed measures
will be revised as needed. These revised mitigation measures will be
discussed at stakeholder meetings that will be held in Kansas City,
Missouri and Sacramento, California within 9 months from the issuance
of the RED.
The Agency is requesting input on whether there is a need for
additional meetings at other locations. Any input on this question
should be provided to the Agency no later than January 22, 1999. These
meetings will be open to the public and will also include a focused
group discussion regarding the proposed mitigation measures. The Agency
is requesting letters of interest from stakeholders who would like to
participate in such a group discussion. These letters should be
provided to the Agency no later than February 8, 1999. For these
meetings to be most efficient and successful, all interested parties
and viewpoints will be welcomed and considered.
Following the conclusion of this process, the Agency will make a
final determination on the mitigation measures that must be adopted in
order for products containing aluminum and magnesium phosphide to be
eligible for reregistration. The outcome of this public comment and
stakeholder process will affect all aluminum and magnesium phosphide
products.
B. Consultation with United States Department of Agriculture Phosphine
Task Force
EPA has initiated work with a task force of experts on pest
management in stored commodities. The Phosphine Task Force was
assembled by the United States Department of Agriculture (USDA) and is
made up of scientists from the Land Grant Universities and the USDA
Agricultural Research Service. The Phosphine Task Force will work
closely with the EPA during the public comment period and the
stakeholder meetings to provide input on the proposed risk mitigation
strategy. The Phosphine Task Force will help refine the proposed risk
mitigation measures, examine implementation issues, and suggest
alternative measures.
C. Proposed Risk Mitigation Measures
The following is a summary list of the mitigation measures that are
proposed for allaluminum and magnesium phosphide products. These
measures are to be discussed aspart of the public review and
stakeholder meeting process mentioned above. Please refer to Unit III.
of the RED document if you would like a complete version of the
riskmitigation proposals.
1. Notification of authorities and on-site workers. The Agency is
proposing that applicators would be required to ensure that the local
authorities (fire departments, police departments etc.) are notified of
the date, time, and location of planned fumigation events at least 24
hours in advance of beginning operations. The Agency is also proposing
that the applicators would be required to notify any worker or other
person who might be expected to be in the proximity of the fumigation/
aeration, prior to fumigation.
2. Requirement for certified applicators. The Agency is proposing
to require that all persons who conduct fumigation/aeration activities
be a certified applicator or that certified applicators supervising the
activity be within 50 feet of the operation and within clear sight-line
of the persons conducting the operation. Current labels allow for non-
certified fumigators and aerators to conduct activities under the
direct supervision and physical presence of a certified applicator.
However, it is possible under this current language for the certified
applicator to be a significant distance away from the actual operation,
impeding his/her ability to adequately oversee the operations.
3. Prohibit aeration of railcars, railroad boxcars, other
vehicles, and containers en-route. The Agency is proposing that
aeration of fumigated railcars, railroad boxcars, shipping containers,
and other vehicles while in transit would be prohibited. Labels would
be required to include this prohibition.
4. Placarding fumigated structures, containers, and vehicles. The
Agency is proposing as a possible requirement that placards, or
someother documentation that accompanies the structure/container/
vehicle, clearly state that prior to entering the structure/container/
vehicle a certified applicator or trained person under the supervision
of a certified applicator must monitor the concentration of phosphine
therein. Unloading where exposure to workers or bystanders is possible,
or entry must not occur until the measured concentrations are below the
pertinent standard unless appropriate PPE is worn. These placards must
also contain information for reporting incidents which is consistent
with the incident reporting program developed by the registrants.
5. Establish an incident reporting program. The Agency is
proposing that registrants would be required to establish programs for
the comprehensive reporting of incidents to the Agency on an annual
basis.
6. Personal protective equipment. The Agency is proposing to
require that all persons involved infumigation/aeration operations wear
respiratory protection during those operations unless it can be
verified via monitoring that the concentrations of phosphine are at or
below the established standard. Personal protective equipment (PPE)
would be required to be worn by any person conducting monitoring
activities until concentrations are known to be
[[Page 71125]]
below the established limit. In the event of a spill or leak, a self-
contained breathing apparatus (SCBA) or supplied air would be required
to be worn until the spill has been cleaned or the leak has been
repaired.
7. Require two-man operation for any activity that would involve
entry into a fumigated structure. The Agency is proposing that a
minimum of two qualified persons would be needed to carry out any
fumigation requiring entry into a structure. By implementing a two-man
rule, if an applicator is unable to remove oneself from a dangerous
exposure situation the second person can then assist in the safe
removal of that person from danger. One person would be required to be
a certified applicator and one person would need to be trained in the
use of monitoring equipment and the health effects of phosphine gas.
8. Establish 500 foot buffer zone and restricted area around all
fumigated structures. The Agency is proposing to prohibit the
fumigation and aeration of structures that are within 500 feet of
residential areas. Further, a 500 foot restricted area would be
implemented for all areas/structures undergoing fumigation/aeration.
These steps would be taken primarily to prevent exposure to residential
bystanders. Prior to entry to this area monitoring would need to be
conducted to ensure that the concentration of phosphine in the
atmosphere is less than the 0.03 ppm standard or the limit of detection
of the best available technology. Entry would not be allowed above that
concentration unless appropriate PPE is worn. Placarding would be
required to occur around the perimeter of the 500 foot restricted zone.
Efforts would need to be made to request permission for placarding
where placarding of the perimeter would involve other people's
property.
9. Institute more thorough monitoring around the commodity. The
Agency is proposing to require stringent monitoring when unloading or
otherwise disturbing a commodity that has been fumigated, since the
level of phosphine gas may be higher at the core of the commodity than
in the surrounding air. Monitoring at the door or hatch is insufficient
in some cases. Therefore, concentrations would be required to be
monitored at the top, middle, and bottom levels of the commodity/
storage facility, where feasible.
10. Require seal/leak testing for fumigated structures. The Agency
is proposing that, prior to fumigation, the structure would undergo
seal/leak testing using established methods to ensure that leakage
during fumigation will not occur or is significantly minimized. Record
of seal/leak testsmust be retained by the certified applicator. Leaks
would need to be repaired prior to fumigation. Fumigation would
prohibited in cases where substantial leaks are discovered and cannot
be sealed.
11. Establish a minimum distance from residences for burrow use and
PPE for applicators during these applications. The Agency is proposing
that treatment of burrows for rodent control be prohibited within 100
feet of a residence. Note that current labels have a restriction of 15
feet, which may not be protective if burrow tunnels extend toward
residences (basements). Applicators involved in the fumigation of
animal burrows would be required to wear respiratory protection during
the course of the operation. These actions would eliminate the
residential uses of aluminum and magnesium phosphide but would allow
for rodent control to continue under other circumstances. In cases of
public health, where no other alternatives can be found, exceptions to
this item may be made.
12. Notification of local residents. The Agency is proposing to
require notification so that residents in adjoining properties can make
decisions regarding temporarily leaving their property during
fumigation. Such notification would also be required for commercial and
industrial sites that are near a planned fumigation operation. The
Agency proposes that the certified applicator would be required to
ensure that all residents are notified within 750 feet of the fumigated
structure.
13. Requirement for improved training for certified applicators.
The Agency is proposing to require that the registrants work with the
appropriate personnel in the Agency and in the States to develop a
fumigator-specific certification program that adequately addresses all
risks associated with the use of these chemicals. These programs would
stress the highly toxic nature of the chemicals, fumigation/aeration-
specific issues, and the importance of understanding and following
label language exactly. Also, those requirements that result from the
outcomes of the stakeholder meetings, must be emphasized. This effort
would also include consideration of the most effective method of
delivering this training.
14. Monitoring methods to minimize exposure. The Agency is
proposing to require additional monitoring of areas around fumigated
structures in order to reduce the potential for occupational and
residential bystander exposure to phosphine. The Agency is further
proposing to require that no fumigated structure be entered until it
can be verified that the concentrations of phosphine present are at or
below the 0.03 ppm standard unless appropriate PPE is worn. A certified
applicator or other competent person (industrial hygienist etc.) Would
be required to conduct the monitoring. All fumigation/aeration
operations would be covered by this requirement including outdoor
operations.
The Agency recognizes that current technology may not be capable of
detecting phosphine at the 0.03 ppm level. Therefore, the best
available technology would be used with the limit of detection acting
as the standard until new technology becomes available at which time
the 0.03 ppm standard would be required.
The Agency is aware of a ``real-time'' direct-read device
technologies with a limitof detection of 0.05 ppm that are currently
available. These devices can be equipped with audible alarms and data
loggers.
15. Establish and define applicable exposure limits for the label.
The Agency is proposing to require that all applicable safety standards
appear on the label.
III. Public Record and Electronic Submissions
The official record for this notice, as well as the public version,
has been established under docket control number ``OPP-34159''
(including comments and data submitted electronically as described
below). A public version of this record, including printed, paper
versions of electronic comments, which does not include any information
claimed as CBI, is available for inspection from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The official record is
located at the address in ``ADDRESSES'' at the beginning of this
document.
Electronic comments can be sent directly to EPA at:
[email protected]
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption. Comment and data
will also be accepted on disks in Wordperfect 5.1/6.1 file format or
ASCII file format. All comments and data in electronic form must be
identified by the docket control number (OPP-34159). Electronic
comments on this notice may be filed online at many Federal Depository
Libraries.
List of Subjects
Environmental protection, Fumigation
[[Page 71126]]
Dated: December 18, 1998.
Jack E. Housenger,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 98-34049 Filed 12-22-98; 8:45 am]
BILLING CODE 6560-50-F