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[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Notices]
[Pages 4684-4686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1633]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0830; FRL-8854-2]

Pesticides; Science Policies; Notice of Withdrawal and Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA announces the withdrawal of two pesticide science policy 
documents that are no longer in use, entitled: ``The Incorporation of 
Water Treatment Effects on Pesticide Removal and Transformations in 
Food Quality Protection Act (FQPA) Drinking Water Assessments,'' dated 
October 25, 2001, and ``Drinking Water Screening Level Assessments,'' 
dated September 1, 2000. EPA also announces the availability of two 
updated pesticide science policy documents, entitled: ``The Development 
and Use of the Index Reservoir in Drinking Water Exposure 
Assessments,'' dated April 15, 2010, and ``Guidance on Development and 
Use of Percent Cropped Area Adjustment,'' dated September 9, 2010.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Environmental 
Fate and Effects Division (7507P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-

[[Page 4685]]

8578; fax number: (703) 308-6181; e-mail address: 
echeverria.marietta@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action, 
however, may be of interest to persons who produce or formulate 
pesticides or who register pesticide products. 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?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-0830. 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 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.

II. Background

    The Food Quality Protection Act of 1996 significantly amended the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 
136 et seq.) and the Federal Food, Drug, and Cosmetic Act (FFDCA) (21 
U.S.C. 346). Among other changes, FQPA established a stringent health-
based standard (``a reasonable certainty of no harm'') for pesticide 
residues in foods to assure protection from unacceptable pesticide 
exposure and strengthened health protections for infants and children 
from pesticide risks.
    Working with stakeholders and a Federal advisory committee, the 
Agency identified several science policy issues that were key to the 
implementation of FQPA and tolerance reassessment. In the Federal 
Register of October 29, 1998 (63 FR 58038) (FRL-6041-5), EPA published 
a framework to describe the issues, and the public participation 
process that EPA would use to review the documents developed to address 
the issues identified. Following that process, EPA then issued a series 
of draft and revised documents concerning the nine science policy 
issues that were identified. The documents are available at http://www.epa.gov/oppfead1/trac/science/. Since that time, EPA has 
periodically identified the need to update the documents to ensure that 
the policy and guidance provided is current. This Federal Register 
notice announces the withdrawal of two obsolete documents and the 
availability of two updated documents.

III. Status Update for Pesticide Science Policy Documents

A. Withdrawn Documents

    EPA is withdrawing the pesticide science policy document ``The 
Incorporation of Water Treatment Effects on Pesticide Removal and 
Transformations in Food Quality Protection Act (FQPA) Drinking Water 
Assessments,'' dated October 25, 2001, because it is obsolete. When 
drafted in 2001, this science policy document was developed with two 
objectives: (1) To present a preliminary literature review on the 
impact of different treatment processes on pesticide removal and 
transformation in treated drinking water derived from ground and 
surface water sources; and (2) to describe how OPP would consider the 
impacts of drinking water treatment in drinking water exposure 
assessments under FQPA. Since the issuance of this policy document, OPP 
has adjusted its methods for estimating pesticide concentrations in 
drinking water, using a variety of data and different models. Up to 
date information on the methods, models and databases used for drinking 
water exposure assessments is available at http://www.epa.gov/pesticides/science/models_db.htm.
    EPA is also withdrawing the science policy document entitled: 
``Drinking Water Screening Level Assessments,'' dated September 1, 
2000, because the information it provided has been superseded by the 
two updated documents whose availability is announced in the next 
section.

B. Updated Documents

    The updated science policy document entitled ``Development and Use 
of the Index Reservoir in Drinking Water Exposure Assessments,'' dated 
April 15, 2010, updates and supersedes the science policy document 
entitled ``Guidance for Use of the Index Reservoir in Drinking Water 
Exposure Assessments,'' dated November 16, 1999. It also reflects 
changes in procedures, error corrections, and editorial modifications 
to improve clarity and completeness. This science policy document is 
intended to provide guidance on the development and use of the index 
reservoir scenario for use in estimating pesticide concentrations in 
drinking water derived from vulnerable surface water supplies. Between 
1996, after passage of the FQPA, and 2000 the Agency used the 
``standard pond'' as an interim scenario for drinking water exposure. 
In 2000, the Agency began using the index reservoir scenario to 
represent a watershed capable of supporting a drinking water facility 
that is prone to high pesticide concentrations. With the use of the 
index reservoir scenario, the Office of Pesticide Programs was able to 
improve the quality and accuracy of its models for estimating pesticide 
concentrations in drinking water. This updated pesticide science policy 
document is available online at http://www.epa.gov/oppefed1/models/water/index_reservoir_dwa.html.
    The updated science policy document entitled ``Development and Use 
of Percent Cropped Area Adjustment Factors in Drinking Water Exposure 
Assessments,'' dated September 9, 2010, merges two previous documents, 
entitled ``Percent Crop Area Adjustment to Tier 2 Surface Water Model 
Estimates for Pesticide Drinking Water Exposure Assessments,'' dated 
December 7, 1999, and ``Use of Regional Percent Crop Area Factors in 
Refined Drinking Water Assessments,'' dated July 23, 2003, and 
supersedes both of them. The updated science policy document is 
intended to provide guidance on the development and use of the percent 
cropped area (PCA) adjustment factors in estimating the exposure in 
drinking water derived from vulnerable surface water supplies. Since 
the passage of FQPA in 1996 through 2000, the Agency assumed the entire 
area of the watershed was planted with the crop of interest (i.e. crop 
coverage). In 2000, the Agency began using the PCA adjustment factor to 
account for the percentage of the watersheds planted with a crop, 
recognizing that a watershed large enough to support a drinking water 
facility will not usually be planted completely with a single crop. Use 
of this factor improves the quality and accuracy of OPP's modeling of 
drinking water exposure for pesticides. This updated pesticide science 
policy document is available online at http://www.epa.gov/oppefed1/models/water/pca_adjustment_dwa.html.

IV. Policies Not Rules

    The policy documents discussed in this notice are intended to 
provide guidance to EPA personnel and decision makers, and to the 
public. As a guidance

[[Page 4686]]

document and not a rule, the policies in this guidance are not binding 
on either EPA or any outside parties. Although this guidance provides a 
starting point for EPA risk assessments, EPA will depart from its 
policy where the facts or circumstances warrant. In such cases, EPA 
will explain why a different course was taken. Similarly, outside 
parties remain free to assert that a policy is not appropriate for a 
specific pesticide or that the circumstances surrounding a specific 
risk assessment demonstrate that a policy should not be applied.

List of Subjects

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests.

    Dated: January 19, 2011.
Stephen A. Owens,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2011-1633 Filed 1-25-11; 8:45 am]
BILLING CODE 6560-50-P
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