39822 Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Notices 

Environmental Protection Agency; 

telephone (202) 564–1222; email 

address Orlin.David@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining a Copy of the Proposed 

Consent Decree 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2022–0447) contains a 

copy of the proposed consent decree. 

The official public docket is available 

for public viewing at the Office of 

Environmental Information (OEI) Docket 

in the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave. NW, 

Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OEI 

Docket is (202) 566–1752. 

The electronic version of the public 

docket for this action contains a copy of 

the proposed consent decree and is 

available through https://

www.regulations.gov. You may use 

https://www.regulations.gov to submit 

or view public comments, access the 

index listing of the contents of the 

official public docket, and access those 

documents in the public docket that are 

available electronically. Once in the 

system, key in the appropriate docket 

identification number then select 

‘‘search.’’ 

II. Additional Information About the 

Proposed Consent Decree 

On April 13, 2022, Plaintiff Center for 

Biological Diversity (CBD) filed a 

complaint in the United States District 

Court for the Northern District of 

California (Center for Biological 

Diversity et al v. Regan, 4:22–cv–02285 

(N.D. Cal.). CBD alleges that the EPA 

failed to perform a mandatory duty to 

complete a review of the NOX, SOX, and 

PM secondary NAAQS every five years. 

The proposed consent decree would 

establish deadlines for EPA to take 

proposed and final actions pursuant to 

Clean Air Act (CAA) section 109 to 

complete a review of NOX and SOX

secondary NAAQS and the PM 

secondary NAAQS for ecological effects. 

Specifically, the consent decree would 

require EPA to sign a proposed and final 

action in these reviews by February 9, 

2024 and December 10, 2024, 

respectively. EPA completed a review of 

the secondary PM NAAQS for nonecological effects in 2020. The proposed 

consent decree would require EPA to 

complete a review the secondary PM 

NAAQS for ecological effects. 

In accordance with section 113(g) of 

the CAA, for a period of thirty (30) days 

following the date of publication of this 

document, the Agency will accept 

written comments relating to the 

proposed consent decree. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

consent decree if the comments disclose 

facts or considerations that indicate that 

such consent is inappropriate, 

improper, inadequate, or inconsistent 

with the requirements of the Act. 

III. Additional Information About 

Commenting on the Proposed Consent 

Decree 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OGC–2022– 

0447, via https://www.regulations.gov. 

Once submitted, comments cannot be 

edited or removed from this docket. 

EPA may publish any comment received 

to its public docket. Do not submit to 

EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

www.epa.gov/dockets/commenting-epadockets. For additional information 

about submitting information identified 

as CBI, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an email 

address or other contact information in 

the body of your comment. This ensures 

that you can be identified as the 

submitter of the comment and allows 

EPA to contact you in case EPA cannot 

read your comment due to technical 

difficulties or needs further information 

on the substance of your comment. Any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket 

and made available in EPA’s electronic 

public docket. 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. 

Use of the https://

www.regulations.gov website to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. The electronic public docket 

system is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity, email address, or 

other contact information unless you 

provide it in the body of your comment. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

Gautam Srinivasan, 

Associate General Counsel. 

[FR Doc. 2022–14220 Filed 7–1–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2013–0266; FRL–9941–01– 

OCSPP] 

Atrazine; Proposed Revisions to the 

Atrazine Interim Registration Review 

Decision Memorandum; Notice of 

Availability and Request for Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA is announcing the 

availability of EPA’s ‘‘Proposed 

Revisions to the Atrazine Interim 

Registration Review Decision, Case 

Number 0062’’ memorandum and is 

soliciting public comment on the 

proposed revisions to the atrazine 

interim registration review decision 

(ID). The Agency is not soliciting 

comment on any other aspects of the 

atrazine ID other than those specifically 

identified in the proposed revisions to 

the atrazine ID memorandum. The 

Agency is issuing this memorandum as 

a proposal for revisions to the atrazine 

interim registration review decision to 

provide clarification to specific sections 

of the interim registration review 

decision that address atrazine exposure 

in aquatic plant communities; and to 

propose additional mitigation options to 

reduce potential exposure and risk to 

aquatic plant communities from atrazine 

via runoff from agricultural uses in field 

corn, sweet corn, sorghum and 

sugarcane. 

DATES: Comments must be received on 

or before September 6, 2022. 


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Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Notices 39823 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2013–0266, 

through the Federal eRulemaking Portal 

at https://www.regulations.gov. Follow 

the online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Additional 

instructions on commenting and visiting 

the docket, along with more information 

about dockets generally, is available at 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For pesticide specific information, 

contact: Alex Hazlehurst, Chemical 

Review Manager, Pesticide ReEvaluation Division (7508P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

telephone number: (202) 566–2249; 

email address: hazlehurst.alexander@

epa.gov. 

For general information on the 

registration review program, contact: 

Melanie Biscoe, Pesticide Re-Evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; email 

address: biscoe.melanie@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 

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 

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 email. 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 preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

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 pesticides 

discussed in this document, compared 

to the general population. 

II. Background 

Registration review is EPA’s periodic 

review of pesticide registrations to 

ensure that each pesticide continues to 

satisfy the statutory standard for 

registration, that is, the pesticide can 

perform its intended function without 

unreasonable adverse effects on human 

health or the environment. Through this 

program, EPA is ensuring that each 

pesticide’s registration is based on 

current scientific and other knowledge, 

including its effects on human health 

and the environment. EPA may pursue 

mitigation at any time during the 

registration review process if it finds 

that a pesticide poses unreasonable 

adverse effects to human health or the 

environment. 

On October 30, 2020, Petitioners 

challenged the EPA’s issuance of the 

atrazine ID by filing a Petition for 

Review in the Ninth Circuit Court of 

Appeals, Rural Coalition, et al. v. EPA, 

et al., (No. 20–73220) (9th Cir.). The 

Petition alleges that EPA violated its 

duties under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), 7 U.S.C. 136 et seq., by 

approving the atrazine ID based on a 

lack of substantial supporting evidence. 

In response to the Petition, EPA sought 

a voluntary partial remand that was 

granted by the court on December 14, 

2021. Specifically, the voluntary partial 

remand was focused on re-evaluating 

the determination in the ID that the 

concentration of 15 micrograms per liter 

(mg/L) triggers required monitoring and/ 

or mitigation to protect aquatic plant 

communities. The requirements for 

registrants to revise atrazine labels to 

mitigate risk from the use of products 

containing atrazine were accepted on all 

atrazine product registrations and 

updated labels were stamped by the 

Agency on November 12, 2021. The 

Agency did not seek a remand on any 

of the other determinations identified in 

the ID. During the partial remand EPA 

reevaluated the policy decision to use15 

mg/L as the level of regulation for 

aquatic plant communities. The 

reevaluation concluded that this portion 

of the previous decision was not 

adequately supported by science. Based 

on this reevaluation, EPA determined 

that this level regulation was not 

appropriate and is proposing, for public 

comment, additional mitigation to 

protect aquatic plant communities. 

III. Authority 

EPA is conducting its registration 

review of atrazine pursuant to FIFRA 

section 3(g) and the procedural 

regulations for registration review at 40 

CFR part 155, subpart C. FIFRA section 

3(g) 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) (7 U.S.C. 

136a(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. 

IV. What action is the Agency taking? 

Pursuant to 40 CFR 155.58, this notice 

announces the availability of EPA’s 

proposed revisions to the atrazine 

interim registration review decision 

memorandum for the pesticide atrazine 

and opens a 60-day public comment 

period on the proposed revisions to the 

atrazine interim registration review 

decision. The Agency is issuing this 

memorandum as a proposal for 

revisions to the atrazine interim 

registration review decision to: (1) 

provide clarification to specific sections 

of the interim registration review 

decision that address atrazine exposure 

in aquatic plant communities; and (2) 

propose additional mitigation options to 


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39824 Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Notices 

reduce potential exposure and risk to 

aquatic plant communities from atrazine 

via runoff from agricultural uses in field 

corn, sweet corn, sorghum and 

sugarcane. 

TABLE—REGISTRATION REVIEW FOR PROPOSED REVISIONS TO THE ATRAZINE INTERIM DECISION

Registration review case name and No. Pesticide docket ID No. Chemical review manager, telephone No., email address 

Atrazine, Case Number 0062 ................. EPA–HQ–OPP–2013–0266 ...... Alex Hazlehurst, (202) 566–2249, Hazlehurst.alexander@epa.gov. 

The registration review docket for a 

pesticide includes earlier documents 

related to the registration review of the 

case. For example, the review opened 

with a Summary Document, containing 

a Preliminary Work Plan, for public 

comment. A Final Work Plan was 

placed in the docket following public 

comment on the initial docket. The 

documents in the dockets describe 

EPA’s rationales for conducting 

additional risk assessments for the 

registration review of the pesticide 

included in the table in Unit II.A., as 

well as the Agency’s subsequent 

findings and consideration of possible 

risk mitigation measures. The proposed 

revisions to the atrazine interim 

registration review decision are 

supported by the rationales included in 

those documents. Following public 

comment, the Agency will issue the 

‘‘Revisions to the Atrazine Interim 

Registration Review Decision, Case 

0062’’ memorandum for products 

containing atrazine. 

The regulation at 40 CFR 155.58(a) 

provides for a minimum 60-day public 

comment period on all proposed interim 

and/or final registration review 

decisions. This comment period is 

limited to the proposed revisions to the 

interim registration review decision. 

The Agency is not soliciting comment 

on any other aspects of the atrazine ID 

other than those specifically identified 

in the proposed revisions to the atrazine 

ID memorandum All comments should 

be submitted using the methods in 

ADDRESSES, and must be received by 

EPA on or before the closing date. These 

comments will become part of the 

docket for atrazine. Comments received 

after the close of the comment period 

will be marked ‘‘late.’’ EPA is not 

required to consider these late 

comments. 

The Agency will carefully consider all 

comments related to the proposed 

revisions to the atrazine ID received by 

the closing date and will provide a 

‘‘Response to Comments Memorandum’’ 

in the docket. The revisions to the 

atrazine interim registration review 

decision memorandum will explain the 

effect that any comments had on the 

revisions to the atrazine interim 

registration review decision and provide 

the Agency’s response to significant 

comments. 

Background on the registration review 

program is provided at: https://

www.epa.gov/pesticide-reevaluation. 

Links to earlier documents related to the 

registration review of this pesticide are 

provided at: https://

www.regulations.gov/docket/EPA-HQOPP-2013-0266. 

Authority: 7 U.S.C. 136 et seq. 

Dated: June 23, 2022. 

Mary Reaves, 

Director, Pesticide Re-Evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2022–14255 Filed 7–1–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2016–0742 FRL–9946–01– 

OCSPP] 

Methylene Chloride; Draft Revision to 

Toxic Substances Control Act (TSCA) 

Risk Determination; Notice of 

Availability and Request for Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) is announcing the 

availability of and seeking public 

comment on a draft revision to the risk 

determination for the methylene 

chloride risk evaluation issued under 

TSCA. The draft revision to the 

methylene chloride risk determination 

reflects the announced policy changes 

to ensure the public is protected from 

unreasonable risks from chemicals in a 

way that is supported by science and 

the law. In this draft revision to the risk 

determination EPA finds that methylene 

chloride, as a whole chemical 

substance, presents an unreasonable risk 

of injury to health when evaluated 

under its conditions of use. In addition, 

this revised risk determination does not 

reflect an assumption that all workers 

always appropriately wear personal 

protective equipment (PPE). EPA 

understands that there could be 

occupational safety protections in place 

at workplace locations; however, not 

assuming use of PPE reflects EPA’s 

recognition that unreasonable risk may 

exist for subpopulations of workers that 

may be highly exposed because they are 

not covered by OSHA standards, or their 

employers are out of compliance with 

OSHA standards, or because many of 

OSHA’s chemical-specific permissible 

exposure limits largely adopted in the 

1970’s are described by OSHA as being 

‘‘outdated and inadequate for ensuring 

protection of worker health,’’ or because 

the OSHA permissible exposure limit 

(PEL) alone may be inadequate for 

ensuring protection of worker health. 

This revision, when final, would 

supersede the condition of use-specific 

no unreasonable risk determinations in 

the June 2020 methylene chloride risk 

evaluation (and withdraw the associated 

order) and would make a revised 

determination of unreasonable risk for 

methylene chloride as a whole chemical 

substance. 

DATES: Comments must be received on 

or before August 4, 2022. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–EPA–HQ–OPPT–2016– 

0742, using the Federal eRulemaking 

Portal at https://www.regulations.gov. 

Follow the online instructions for 

submitting comments. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Additional instructions on commenting 

and visiting the docket, along with more 

information about dockets generally, is 

available at https://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Ingrid 

Feustel, Office of Pollution Prevention 

and Toxics (7404M), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

telephone number: (202) 564–3199; 

email address: feustel.ingrid@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 


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