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[Federal Register Volume 66, Number 11 (Wednesday, January 17, 2001)]
[Notices]
[Pages 4024-4025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1201]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34191A FRL-6756-8]

PR Notice on Worker Risk Mitigation for Organophosphate 
Pesticides; Notice of Availability

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY:  This notice announces the availability of a Pesticide 
Registration (PR) Notice describing EPA's approach for managing risk to 
workers who may be exposed to organophosphate (OP) pesticide products 
by mixing, loading, applying, flagging, or otherwise handling OP 
pesticides, or are exposed to residues of these pesticides while 
performing tasks in recently treated areas. This approach generally 
provides for basic protective measures such as closed mixing and 
loading systems, enclosed cab equipment, or personal protective 
equipment, as well as increased restricted-entry intervals for 
occupational situations where revised risk assessments indicate that 
they are necessary and where these measures are feasible. Further, this 
PR Notice outlines the steps that EPA intends to take to address 
situations where baseline mitigation measures are not feasible, or 
situations where maximum feasible mitigation is still inadequate to 
protect workers.

FOR FURTHER INFORMATION CONTACT:  Jacqueline Gwaltney, Special Review 
and Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 305-6792; fax number: 
(703) 308-8041; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may, 
however, be of interest to environmental, human health, agricultural, 
and agricultural worker advocates; pesticide users; and persons who are 
or may be required to conduct testing of chemical substances under 
Federal Food, Drug and Cosmetic Act (FFDCA), or the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA). 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 Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' `` Regulations and Proposed Rules,'' and then look up 
the entry for this document under the Federal Register--Environmental 
Documents. You can also go directly to the Federal Register listings at 
http://www.epa.gov/fedrgstr/.
    The OP worker risk mitigation PR notice is available on the Home 
Page for the Office of Pesticide Programs at http://www.epa.gov/PR_Notices/pr2000-9.pdf. EPA's response to public comments received on the 
August 6, 1999, draft PR notice is available at http://www.epa.gov/PR_Notices/draftprworker-response.htm . You may access information about 
the organophosphate pesticides at http://www.epa.gov/pesticides/op.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-34191A. EPA previously 
established an official record under docket control number OPP-34191 
when the Agency published an FR notice on August 6, 1999 (64 FR 41934) 
(FRL-6093-8), announcing the availability of the draft OP worker risk 
mitigation PR notice for public comment. The official record consists 
of the documents specifically referenced in this action, any public 
comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as confidential business information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

II. What Action is the Agency Taking?

    This notice announces the availability of Pesticide Registration 
(PR) Notice 2000-9, which presents EPA's approach for managing risks 
from organophosphate (OP) pesticides to occupational users. The 
approach described in this PR Notice applies to workers who may be 
exposed to OP pesticide products by mixing, loading, applying, 
flagging, or otherwise handling them, or by performing tasks in 
recently treated areas. The PR Notice outlines the six steps that EPA 
will follow in assessing and managing the human health risks of an OP 
pesticide, to evaluate risks to workers and mitigate risks of concern. 
It explains the protective measures that the Agency is recommending to 
reduce OP worker risk including use of personal protective equipment; 
use of engineering controls such as closed mixing and loading systems 
and enclosed cabs and cockpits; application modifications such as 
reducing the rate or frequency of pesticide applications; mechanical 
harvesting; and longer Restricted Entry Intervals. The PR Notice also 
addresses situations where the maximum feasible mitigation still is 
inadequate to protect workers, or where the baseline risk mitigation 
measures are not feasible.
    The guidance set forth in this PR Notice is intended to inform 
manufacturers, formulators, and users of the type of risk management 
decisions EPA is likely to develop for the OP pesticides. These 
chemicals are being reviewed by the Agency as part of the larger 
process of implementing the Food Quality Protection Act of 1996 
amendments to the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA). 
Implementation of the FQPA amendments has been the

[[Page 4025]]

subject of a joint effort by EPA, USDA, and interested stakeholders 
known as the Tolerance Reassessment Advisory Committee (TRAC), recently 
replaced by the Committee to Advise on Reassessment and Transition 
(CARAT). Among other initiatives, TRAC established a process for public 
participation in the review and refinement of risk assessments for the 
OP pesticides and for developing risk management options. USDA, 
stakeholders, and the public have the opportunity to participate by 
submitting comments on EPA's preliminary and revised risk assessments 
and by providing risk management proposals. During the final phase of 
this process, EPA prepares an Interim Reregistration Eligibility 
Decision (IRED) or a Report on FQPA Tolerance Reassessment Progress and 
Interim Risk Management Decision (TRED) document for each OP pesticide, 
to implement interim risk management measures. Worker risk mitigation 
is but one aspect of the comprehensive mitigation strategy that is 
developed in concluding each individual OP assessment.
    In a number of cases, the OP risk assessments show that, even with 
maximum feasible personal protective equipment and engineering 
controls, including all provisions required by the Worker Protection 
Standard (WPS), risks to workers still exceed EPA's levels of concern. 
Although each OP risk management decision and any associated mitigation 
measures will be implemented on a case-by-case basis, the Agency is 
outlining its decision process in the PR Notice because early 
notification to registrants will help to ensure that occupational risk 
management decisions for the OPs will be approached consistently and 
implemented quickly and equitably. EPA encourages registrants to 
demonstrate stewardship of their OP pesticides by adopting the 
protective measures described in this PR Notice prior to the Agency's 
completion of IRED and TRED documents for the OP chemicals, and to 
develop new packaging and application technologies that reduce worker 
exposure to pesticides. Further mitigation may be needed when the 
Agency issues its final, cumulative decision on the OP class of 
chemicals.
    The PR Notice does not impose binding obligations on registrants or 
the Agency. The measures described will be implemented as appropriate 
based on chemical-specific reviews, including risk/benefit balancing 
where necessary, through pesticide reregistration and other decision-
making processes. EPA is proposing specific worker risk mitigation 
measures for individual OP pesticides in completing interim risk 
management decisions for these chemicals, and will implement these 
measures shortly thereafter. The Agency envisions managing risks to 
workers exposed to other classes of pesticides posing similar risks, 
such as the carbamates, in a similar manner.

List of Subjects

    Environmental protection, Chemicals, Pesticides and pests.

    Dated: January 8, 2001.
Lois Rossi,
Director, Special Review and Reregistration Division.
[FR Doc. 01-1201 Filed 1-16-01; 8:45 am]
BILLING CODE 6560-50-S
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