29534 Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Notices 

Administrator of EPA on a broad range 

of environmental policy, technology and 

management issues. Inquiries may be 

directed to Sonia Altieri, U.S. EPA, 

(Mail Code 1601M), 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

telephone (202) 564–0243, or 

altieri.sonia@epa.gov. 

Dated: May 20, 2010. 

Rafael DeLeon, 

Director, Office of Cooperative Environmental 

Management. 

[FR Doc. 2010–12650 Filed 5–25–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0434; FRL–8826–6] 

Inorganic Nitrates–Nitrite, Carbon and 

Carbon Dioxide, and Sulfur 

Registration Review; Draft Ecological 

Risk Assessment and Endangered 

Species Effects Determination; Notice 

of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability of EPA’s draft ecological risk 

assessment for the registration review of 

inorganic nitrates – nitrites, carbon and 

carbon dioxide, and gas cartridge uses of 

sulfur, and opens a public comment 

period on this document. Comments 

and input may address, among other 

things, the Agency’s risk assessment 

methodologies and assumptions, as 

applied to this draft risk assessment. 

Interested parties may also provide 

suggestions for mitigation of the risk 

identified in the draft ecological risk 

assessment. As part of the registration 

review process, the Agency has 

completed a comprehensive draft 

ecological risk assessment, including an 

endangered species assessment that 

identifies those species for which 

exposure and effects may occur for all 

inorganic nitrates–nitrites, carbon and 

carbon dioxide uses, as well as gas 

cartridge uses of sulfur. The risk 

assessment includes a species specific 

analysis and effects determination on 3 

of 11 species found in the San Francisco 

Bay area that are listed as endangered or 

threatened under the Endangered 

Species Act (ESA). Concurrent with this 

public comment opportunity, EPA is 

initiating informal consultation with the 

U.S. Fish and Wildlife Service. After 

reviewing comments received during 

this public comment period, EPA will 

issue a revised risk assessment, explain 

any changes to the draft risk assessment, 

and respond to comments. The Agency 

may request further public input on risk 

mitigation before developing a proposed 

registration review decision for 

inorganic nitrates – nitrites, carbon and 

carbon dioxide, and sulfur. After a 

revised risk assessment is completed, 

EPA will also initiate further 

consultation, as needed, when 

appropriate, with the U.S. Fish and 

Wildlife Service regarding potential 

risks to federally listed threatened or 

endangered species and their designated 

critical habitat. 

DATES: Comments must be received on 

or before July 26, 2010. 

ADDRESSES: The mailing address for 

each Chemical Review Manager listed in 

the table in Unit II. is: Pesticide Reevaluation Division (7508P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. Submit your comments identified 

by the docket identification (ID) number 

for the specific pesticide of interest 

provided in the table in Unit II. by one 

of the methods listed below: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

the docket ID numbers listed in the table 

in Unit II. for the pesticides you are 

commenting on. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 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 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. 

FOR FURTHER INFORMATION CONTACT: For 

pesticide specific information contact: 

The Chemical Review Manager 

identified in the table in Unit II. for the 

pesticide of interest. 

For general questions on the 

registration review program, contact: 

Kevin Costello, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–5026; fax number: 

(703) 308–8090; e-mail address: 

costello.kevin@epa.gov. 

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, farm 

worker, and agricultural advocates; the 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Notices 29535 

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 

appropriate Chemical Review Manager 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD-ROM that 

you mail to EPA, 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 

claimed as CBI. In addition to one 

complete version of the comment that 

includes 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. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticide(s) 

discussed in this document, compared 

to the general population. 

II. Authority 

EPA is conducting its registration 

review of inorganic nitrates – nitrites, 

carbon and carbon dioxide, and sulfur 

pursuant to section 3(g) of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) and the Procedural 

Regulations for Registration Review at 

40 CFR part 155, subpart C. Section 3(g) 

of FIFRA provides, among other things, 

that the registrations of pesticides are to 

be reviewed every 15 years. Under 

FIFRA, a pesticide product may be 

registered or remain registered only if it 

meets the statutory standard for 

registration given in FIFRA section 

3(c)(5). When used in accordance with 

widespread and commonly recognized 

practice, the pesticide product must 

perform its intended function without 

unreasonable adverse effects on the 

environment; that is, without any 

unreasonable risk to man or the 

environment, or a human dietary risk 

from residues that result from the use of 

a pesticide in or on food. 

The pesticides that are the subject of 

this notice and the Chemical Review 

Managers are listed in the following 

table: 

TABLE—PESTICIDES AVAILABLE FOR REGISTRATION REVIEW

Docket ID Number Pesticide name Chemical Review Manager, Telephone Number, fax 

number, E-mail Address 

EPA–HQ–OPP–2007–1118 Inorganic nitrates—nitrites Eric Miederhoff 

(703) 347–8028 

(703) 308–7070 

miederhoff.eric@epa.gov. 

EPA–HQ–OPP–2007–0705 Carbon and carbon dioxide Carissa Cyran 

(703) 347–8781 

(703) 308–7070 

cyran.carissa@epa.gov 

EPA–HQ–OPP–2008–0176 Sulfur Jose Gayoso 

(703) 347–8652 

(703) 308–7070 

gayoso.jose@epa.gov 

III. Registration Reviews 

A. What Action is the Agency Taking? 

As directed by FIFRA section 3(g), 

EPA is reviewing the pesticide 

registrations for inorganic nitrates – 

nitrites, carbon and carbon dioxide, and 

sulfur to ensure they continue to satisfy 

the FIFRA standard for registration— 

that is, that inorganic nitrates – nitrites, 

carbon and carbon dioxide, and sulfur 

can still be used without unreasonable 

adverse effects on human health or the 

environment. Inorganic nitrates – 

nitrites, carbon and carbon dioxide are 

active ingredients and are mixed in 

some cases with sulfur, to create 

fumigant gas cartridges which release 

toxic fumes after ignition. These gas 

producing cartridges are placed in 

animal burrows to control small 

mammal pests. EPA has completed a 

comprehensive draft ecological risk 

assessment, including an endangered 

species assessment, for all inorganic 

nitrate – nitrite, carbon and carbon 

dioxide uses, as well as gas cartridge 


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29536 Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Notices 

uses of sulfur. All other uses of sulfur 

will be included in the upcoming 

ecological risk assessment for the 

registration review of sulfur, docket 

EPA–HQ–OPP–2008–0176. The risk 

assessment includes a species specific 

analysis and effects determination of the 

cartridges on 3 of 11 species found in 

the San Francisco Bay area that are 

listed as endangered or threatened 

under the Endangered Species Act 

(ESA). These species specific effects 

determinations were conducted in 

response to litigation brought against 

EPA by the Center for Biological 

Diversity in the United States District 

Court for the Northern District of 

California (Civ. No. 07–2794–JSC) where 

sodium nitrate and potassium nitrate 

were alleged to be of concern. 

Pursuant to 40 CFR 155.53(c), EPA is 

providing an opportunity, through this 

notice of availability, for interested 

parties to provide comments and input 

concerning the Agency’s draft ecological 

risk assessment for inorganic nitrates – 

nitrites, carbon and carbon dioxide, and 

gas cartridge uses of sulfur. Such 

comments and input could address, 

among other things, the Agency’s risk 

assessment methodologies and 

assumptions, as applied to this draft risk 

assessment. Interested parties may also 

provide suggestions for mitigation of the 

risk identified in the draft ecological 

risk assessment. 

Concurrent with this public comment 

opportunity, EPA is initiating informal 

consultation with the U.S. Fish and 

Wildlife Service for purposes of 

validating the list of potentially affected 

species, to identify the geographic areas 

in which each species may reside, and 

to assist EPA in determining how best 

to assemble information on the baseline 

status of each species. The ESA 

regulations provide for two types of 

consultation; formal and informal. 

Informal consultation is an optional 

process that includes discussions, 

correspondence, etc. between the 

Services and a Federal agency or a 

designated non-Federal representative 

(NFR) to determine whether a Federal 

action is likely to have an adverse effect 

on listed species or critical habitat. 

During informal consultation the 

Services may suggest modifications to 

the action that a Federal agency, permit 

applicant or non-Federal representative 

could implement to avoid likely adverse 

effects to listed species or critical 

habitat. If adverse effects are likely and 

those effects cannot be addressed 

through informal consultation, then 

formal consultation generally occurs. 

The Agency will consider all comments 

received during the public comment 

period and make changes, as 

appropriate, to the draft ecological risk 

assessment. EPA will then issue a 

revised risk assessment, explain any 

changes to the draft risk assessment, and 

respond to comments. EPA will also, at 

that time, initiate further consultation, 

as needed, when appropriate, with the 

U.S. Fish and Wildlife Service regarding 

potential risks to federally listed 

threatened or endangered species and 

their designated critical habitat. In the 

Federal Register notice announcing the 

availability of the revised risk 

assessment, if the revised risk 

assessment indicates risks of concern, 

the Agency may provide an additional 

comment period for the public to submit 

suggestions for mitigating the risk 

identified in the revised risk assessment 

before developing proposed registration 

review decisions on inorganic nitrates – 

nitrites, carbon and carbon dioxide, and 

sulfur. 

B. Docket Content 

As described in detail in the Inorganic 

Nitrate–Nitrite Summary Document (see 

docket ID number EPA–HQ–OPP–2007– 

1118), Carbon and Carbon Dioxide 

Summary Document (see docket ID 

number EPA–HQ–OPP–2007–0705) the 

Agency believes that the human health 

risk assessments completed prior to 

registration review are adequate, and 

there are no human health risks that 

exceed the Agency’s level of concern. 

Thus, no additional human health data 

are expected to be needed for the 

registration review of inorganic nitrates 

– nitrites, carbon and carbon dioxide. In 

the Sulfur Summary Document (see 

docket ID number EPA–HQ–OPP–2008– 

0176) the Agency stated that revised 

occupational and residential exposure 

human health assessments for sulfur 

should be conducted in registration 

review. These human health 

assessments are still anticipated for all 

uses of sulfur, including the cartridge 

use, and will be included in the 

upcoming registration review risk 

assessment. 

1. Other related information. 

Additional information on inorganic 

nitrates – nitrites is available on the 

Pesticide Registration Review Status 

webpage for this pesticide, http:// 

www.epa.gov/oppsrrd1/registration_

review/inorganic_nitrate/index.htm. 

Additional information on carbon and 

carbon dioxide is available on the 

Pesticide Registration Review Status 

webpage for this pesticide, http:// 

www.epa.gov/oppsrrd1/registration_

review/carbon/index.htm. Additional 

information on sulfur is available on the 

Pesticide Registration Review Status 

webpage for this pesticide, http:// 

www.epa.gov/oppsrrd1/registration_

review/sulfur/index.htm. Information on 

the Agency’s registration review 

program and its implementing 

regulation is available at http:// 

www.epa.gov/oppsrrd1/registration_

review. 

2. Information submission 

requirements. Anyone may submit data 

or information in response to this 

document. To be considered during a 

pesticide’s registration review, the 

submitted data or information must 

meet the following requirements: 

• To ensure that EPA will consider 

data or information submitted, 

interested persons must submit the data 

or information during the comment 

period. The Agency may, at its 

discretion, consider data or information 

submitted at a later date. 

• The data or information submitted 

must be presented in a legible and 

useable form. For example, an English 

translation must accompany any 

material that is not in English and a 

written transcript must accompany any 

information submitted as an 

audiographic or videographic record. 

Written material may be submitted in 

paper or electronic form. 

• Submitters must clearly identify the 

source of any submitted data or 

information. 

• Submitters may request the Agency 

to reconsider data or information that 

the Agency rejected in a previous 

review. However, submitters must 

explain why they believe the Agency 

should reconsider the data or 

information in the pesticide’s 

registration review. 

As provided in 40 CFR 155.58, the 

registration review docket for each 

pesticide case will remain publicly 

accessible through the duration of the 

registration review process; that is, until 

all actions required in the final decision 

on the registration review case have 

been completed. 

List of Subjects 

Environmental protection, Pesticides 

and pests, Inorganic nitrates--nitrites, 

Carbon and carbon dioxide, Sulfur. 

Dated: May 17, 2010. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2010–12591 Filed 5–25–10; 8:45 am] 

BILLING CODE 6560–50–S 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1