[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Notices]
[Pages 39822-39824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14255]


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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.

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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.

[[Page 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 Re-Evaluation Division (7508P), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 566-2249; email address: <a href="/cdn-cgi/l/email-protection#2149405b4d4449545352550f404d4459404f454453614451400f464e57"><span class="__cf_email__" data-cfemail="274f465d4b424f5255545309464b425f46494342556742574609404851">[email protected]</span></a>.
    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: 
<a href="/cdn-cgi/l/email-protection#b9dbd0cadad6dc97d4dcd5d8d7d0dcf9dcc9d897ded6cf"><span class="__cf_email__" data-cfemail="12707b61717d773c7f777e737c7b77527762733c757d64">[email protected]</span></a>.

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 ([mu]g/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 [mu]g/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

[[Page 39824]]

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
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                                                       Chemical review
 Registration review case name    Pesticide docket    manager, telephone
            and No.                    ID No.         No., email address
------------------------------------------------------------------------
Atrazine, Case Number 0062.....  EPA-HQ-OPP-2013-02  Alex Hazlehurst,
                                  66.                 (202) 566-2249,
                                                      Hazlehurst.alexand
                                                      <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="b7d2c5f7d2c7d699d0d8c1">[email protected]</a>.
------------------------------------------------------------------------

    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-HQ-OPP-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


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