11090 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Notices

II. Description of Information

A complete list of the information

described below is available from the

RCRA Docket at the address and

telephone number listed above. The

new data include:

Technical Resource Documents—

Mineral Sectors

The Agency has prepared technical

resource documents on extraction and

beneficiation practices of various

mineral sectors. Each of the following

documents contains a summary of

current literature on waste management

practices in the sector and site visit

reports of operating mines. These

documents have been peer reviewed by

state representatives, federal land

management agencies, mining

companies, and public interest groups.

Where appropriate, the reviewers’

comments have been incorporated into

each document. These documents will

be available in Spanish in May 1995: (1)

TRD Vol.1: Lead-Zinc (NTIS PB94–

170248); (2) TRD Vol.2: Gold (NTIS

PB94–170305); (3) TRD Vol.3: Iron

(NTIS PB94–195203); (4) TRD Vol.4:

Copper (NTIS PB94–200979); (5) TRD

Vol.5: Uranium (NTIS PB94–200987);

(6) TRD Vol.6: Gold Placer (NTIS PB94–

201811); and (7) TRD Vol.7: Phosphate

& Molybdenum (NTIS PB94–201001).

Technical Reports—Mining Waste

Management and Engineering Practices

These documents discuss current

mining waste management and

engineering practices. These documents

have been peer reviewed by state

representatives, federal land

management agencies and mining

companies. Where appropriate, the

reviewers’ comments have been

incorporated into each document.

Additionally, the WASTE database will

be available in the RCRA docket and

electronically, however, it will be

unavailable at NTIS. These documents

will be available in Spanish in May

1995: (1) Innovative Methods of

Managing Environmental Releases at

Mine Sites (NTIS PB94–170255); (2)

Design and Evaluation of Tailings Dams

(NTIS PB94–201845); (3) Treatment of

Cyanide Heap Leaches & Tailings (NTIS

PB94–201837); (4) Acid Mine Drainage

Prediction (NTIS PB94–201829); and (5)

WASTE: An Information Retrieval

System for Mill Tailings References

(NOT AT NTIS).

Other Mining Documents

The following documents provide

historical context for EPA’s mine waste

activities. The Report to Congress and

Strawman II documents are currently

not available in electronic format but

will be made available at a later date:

Report to Congress on Wastes from the

Extraction and Beneficiation of Metallic

Ores, Phosphate Rock, Asbestos,

Overburden from Uranium Mining, and

Oil Shale (NTIS PB88–162631);

Strawman II (NTIS PB91–178418); U.S.

EPA Mine Waste Policy Dialogue

Committee Meeting Summaries and

Supporting Material (NTIS PB95–

122529).

The Agency is also developing

additional technical reports on waste

rock piles, subaqueous disposal of mine

tailings, model mines, and

phosphogypsum waste piles.

Dated: February 23, 1995.

Elizabeth A. Cotsworth,

Acting Director, Office of Solid Waste.

[FR Doc. 95–5023 Filed 2–28–95; 8:45 am]

BILLING CODE 6560–50–P

[OPP–30000/48F; FRL–4939–7]

Granular Carbofuran; Final Decision

To Deny Reinstatement of the Corn

and Sorghum Uses and To Grant

Conditional Extension of Phase-Out

Period for Use on Rice; Summary of

Public Comment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This Notice announces EPA’s

decision to deny reinstatement of the

use of the granular insecticide

carbofuran on corn and sorghum, and to

grant a limited extension of use on rice.

This Notice also summarizes the public

comments received in response to the

Agency’s proposal of these actions (59

FR 17530, April 13, 1994).

FOR FURTHER INFORMATION CONTACT: By

mail: Margaret Rice, Special Review and

Reregistration Division (7508W), Office

of Pesticide Programs, U.S.

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Special Review Branch, Rm. WF32N4,

Crystal Station #1, 2800 Crystal Drive,

Arlington, Virginia, (703) 308–8039.

SUPPLEMENTARY INFORMATION:

I. Background

In the Federal Register of April 13,

1994 (59 FR 17530), EPA proposed to

deny reinstatement of the use of

granular carbofuran on corn and

sorghum, to extend the use on rice with

restrictions, for a limited time period,

and offered incentives for the

registration of reduced risk alternatives

to control rice water weevil. The

Agency’s proposal was in response to

FMC Corporation and grower groups’

requests that the phase-out scheduled

for these three uses be extended beyond

the limits established in the negotiated

settlement agreement that concluded the

Special Review of granular carbofuran

in 1991.

The Agency’s April 1994 notice

outlined the arguments put forth by

FMC Corp in support of their request, as

well as the rationale for EPA’s proposed

decision, and allowed 90 days for public

comment. Readers are referred to the

proposed decision (59 FR 17530, April

13, 1994) for a detailed summary of the

regulatory history and legal background

of the granular carbofuran Special

Review and negotiated settlement

agreement.

II. EPA’s Findings

The following summarizes the

Agency’s findings regarding the risks

and benefits resulting from the use of

granular carbofuran. With regard to

risks, the Agency finds:

1. Carbofuran is highly acutely toxic

to birds.

2. One granule can kill a small bird.

3. Proper agricultural use of

carbofuran results in granules available

to birds.

4. Birds are directly exposed to

carbofuran by picking up and ingesting

granules. Predatory and scavenging

birds are secondarily exposed when

they eat the organisms that were directly

exposed.

5. Many birds have been killed by

proper use of granular carbofuran. This

has been documented in 8 field studies

and over 90 separate poisoning

incidents, which demonstrate

widespread and repeated mortality to

many species, including migratory,

threatened and endangered species.

Incidents of both primary and secondary

poisonings have been observed and

documented in many different

geographic areas, associated with many

different use sites, times of year, and

under varying environmental

conditions.

6. The Agency continues to receive

reports of bird kills from granular

carbofuran. Twenty three additional

wildlife kill incidents have been

reported to EPA since the conclusion of

the Special Review in 1991. Three were

attributed to granular formulations; the

other 20 incident reports did not specify

which formulation was involved.

Species killed include a bald eagle,

Canada geese, red-tailed hawks, and

numerous other species.

7. Based on available data, carbofuran

presents a greater risk to birds than

alternative chemical control methods.

8. It has not been demonstrated that

there are any conditions under which
Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Notices 11091

granular carbofuran can be used without

presenting an extremely high risk to

birds.

With regard to the benefits, the

Agency finds:

1. Efficacious alternatives to granular

carbofuran exist for use on corn and

sorghum.

2. The absence of granular carbofuran

will result in no short- or long-term

increases in field corn production costs,

nor will it cause significant output or

yield losses, based on the current price

and availability of pesticidal

alternatives.

3. The absence of granular carbofuran

for use on sorghum will result in some

increased production costs due to the

higher cost of alternatives and

specialized application equipment, but

will not cause significant reduction in

yield.

4. No chemical alternatives are

currently registered and no applications

are pending for use on rice. Only

limited data are available to characterize

the effectiveness of non-chemical

controls.

5. In the absence of granular

carbofuran, significant reductions in

rice yields may occur.

III. Summary of Public Comment

The complete text of all comments

received in response to EPA’s proposed

decision (59 FR 17530), as well as a

memorandum detailing EPA’s responses

to these comments can be found in the

Office of Pesticide Program’s public

docket (OPP–30000/48E). See Unit VII,

below, for more information and the

location and hours of the OPP public

docket.

EPA received few comments and no

data in support of continued use of

granular carbofuran on corn.

Several rice growers and rice growers’

associations supported the Agency’s

proposed decision to extend the rice

use. Several research institutions

advised EPA of ongoing studies related

to control of rice pests.

The Agency reviewed approximately

40 letters of a testimonial nature from

sorghum growers, and numerous letters

from Senators and Congressmen

representing sorghum producing areas,

supporting the continued use of

granular carbofuran on sorghum. The

National Grain Sorghum Producers

provided some additional efficacy and

yield data for carbofuran and its

alternatives.

The U.S. Fish and Wildlife Service

(FWS) and several environmental

organizations commented that, in their

opinion, no extensions of granular use

were justified and that the Agency

should also take action to eliminate use

of flowable carbofuran. The Sierra Club

Legal Defense Fund, representing a

group of environmental organizations,

notified the Agency of its intention to

sue EPA for violations of the

Endangered Species Act and other

statutes.

In response to EPA’s call for safer

alternatives in the April notice, one

company, Solvay Duphar B.V., has

indicated an interest in pursuing a

registration for diflubenzuron on rice.

Other companies have made

preliminary inquiries.

IV. EPA’s Final Decision and Rationale

A. Corn and Sorghum

EPA finds no justification in the

comments it has received to alter the

Agency’s proposed decision not to

reinstate the use of granular carbofuran

on corn and sorghum. EPA confirms its

previous decision that the risks of

continued use of granular carbofuran on

these sites outweigh the benefits.

Therefore, these uses will not be

reinstated.

While EPA received many comments

related to the sorghum use, none

contained persuasive evidence or new

data to justify changing the proposed

decision. Furthermore, new information

supports the Agency’s proposed

decision. EPA has registered a new

alternative pesticide, imidacloprid

(trade name GAUCHO), for use on

sorghum. The new compound is

available as a seed treatment and

therefore, is applied at rates much lower

than carbofuran. Imidacloprid poses less

risk both to pesticide handlers and to

birds and wildlife than carbofuran and

other alternatives, and the available

information indicates that it is as

effective as granular carbofuran in

controlling moderate chinch bug

infestations.

EPA has received additional

comparative efficacy and yield data that

confirm the Agency’s previous

determination that the available

alternatives, aldicarb and flowable

carbofuran, perform as well as granular

carbofuran under conditions of high

chinch bug infestation.

The state of Nebraska reports that they

do currently have a special local needs

registration for in-furrow application of

flowable carbofuran, thereby reducing

the Agency’s previous concern that

some growers in Nebraska might suffer

economic impacts from the cancellation

of the granular formulation. FMC has

made available to sorghum growers a

closed system for applying flowable

carbofuran that they believe reduces

potential exposure to pesticide

handlers. The company is also offering

partial rebates to defray the cost to

farmers of switching to the new

application equipment.

EPA recognizes that there may not be

sufficient imidacloprid treated sorghum

seed available for the 1995 use season.

The Agency also acknowledges that

acquiring new application equipment

may not be feasible for growers in

certain circumstances. In these

instances EPA will consider special

local needs registrations, FIFRA section

24(c), submitted by states.

B. Rice

EPA has determined that the shortterm benefits of using granular

carbofuran on rice outweigh the shortterm risks to birds, provided the use

restrictions and conditions listed below

are observed. Neither FMC nor other

commenters has provided data to justify

the long-term continued use of granular

carbofuran on rice. Therefore, EPA is

granting a maximum 2–year extension

of this use for the sole purpose of

providing an orderly transition to

alternative controls.

In spite of the Agency’s effort to

encourage new registrations for

alternatives to granular carbofuran for

control of rice water weevil, none

appears likely before the 1995 use

season. EPA’s decision to allow a

limited extension on rice was also

influenced by the Agency’s concern that

non-chemical control options,

specifically draining fields and

eliminating vegetation on levees and

field edges (clean farming), could

impede initiatives that conservation

groups have implemented with rice

growers to enhance wildlife habitat.

EPA notes, however, that no data have

been provided to the Agency that

quantify the relative risks of continued

carbofuran use compared to possible

habitat losses from clean farming. Such

data would be necessary to support any

use of carbofuran on rice beyond that

permitted by this Notice. See Unit VI,

below.

FMC’s granular carbofuran product

registrations must be amended to

include the following limitations and

conditions:

1. The use of granular carbofuran on

rice is subject to the overall sales limits

as set forth below in Unit V.

2. No production and sales by FMC

will be allowed for use on rice during

the 1996 growing season if registration

of an alternative to control rice water

weevil appears imminent at the end of

the 1995 growing season. On or before

September 1, 1995, EPA will assess the

prospect for registration of alternatives

to control rice water weevil and advise

FMC and other interested parties if
11092 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Notices

production and sales of granular

carbofuran for use on rice will be

allowed for the 1996 growing season.

EPA assessment of the prospect for

alternatives will include: the product’s

efficacy in controlling the rice water

weevil; the completeness of the data

base supporting the product’s

registration; and the Agency’s finding

that the product presents less risk to the

environment and human health than

carbofuran. If EPA determines that

registration of an alternative appears

imminent, FMC’s registration for

granular carbofuran use on rice will

automatically expire on September 1,

1995, without order or hearing.

Otherwise, FMC’s registration for this

use will expire automatically on

September 1, 1996, without order or

hearing.

3. The labels of granular carbofuran

products sold by FMC in 1995 for use

on rice must bear the following

statements: ‘‘FMC will sell this product

in conformity with volume limitations

agreed to with EPA,’’ ‘‘FMC will not sell

or release for shipment this product for

use on rice after 8/31/95,’’ and ‘‘This

product cannot be used on rice after 8/

31/96.’’

4. If no alternatives are registered and

the Agency allows sales during 1996,

labels of granular carbofuran products

sold by FMC for use on rice must bear

the following statements: ‘‘FMC will sell

this product in conformity with volume

limitations agreed to with EPA,’’ ‘‘FMC

will not sell or release for shipment this

product for use on rice after 8/31/96,’’

and ‘‘This product cannot be used on

rice after 8/31/97.’’

5. Granular carbofuran products sold

by FMC in 1995 and 1996 for use on rice

must bear the following restrictions to

protect the bald eagle, a federally

designated threatened species: ‘‘Aerial

application is prohibited within 1 mile

of active bald eagle nests and within 10

miles of eagles congregating in winter

roosting or staging areas.’’ ‘‘For ground

application to unflooded fields, within

1 mile of active bald eagle nests and

within 10 miles of eagles congregating

in winter roosting or staging areas,

granules must be incorporated

immediately and flooding must begin

within 4 hours unless application is

followed by hazing to keep birds out of

the fields. If hazing is used, the field

must be flooded no longer than 24 hours

after application.’’

In most rice growing areas, eagles

vacate wintering areas prior to the time

when granular carbofuran is applied to

rice. However, the 10 mile restriction

may apply to some counties in

California from April 1st through April

15th, and to two counties in Texas from

March 1st through March 31st.

6. Granular carbofuran products used

on rice in California only, must bear

labeling prohibiting use in areas

occupied by the giant garter snake, a

federally designated threatened species,

unless FMC or other interested parties

can provide data to EPA demonstrating

that the toxicity of carbofuran to snakes

is sufficiently low to eliminate concern

or that the circumstances of use

preclude exposure to this species.

Because toxicity data for reptiles in

general and snakes in particular are

lacking, EPA has used toxicity data for

birds in their risk assessment. The

Agency recognizes that data on a more

closely related species such as the

western aquatic garter snake

(Thamnophis couchii) would be a better

indicator of toxicity to the giant garter

snake.

In the absence of such data, products

must bear the following restriction:

‘‘This product may not be used in areas

where adverse impact on the giant garter

snake is likely. Prior to making

applications, the user of this product

must determine that no giant garter

snakes are located in or immediately

adjacent to the area to be treated. If the

user is in doubt whether or not the giant

garter snake may be affected, he or she

should contact either the State

Department of Fish and Game, the

regional office of the FWS, or the county

agricultural commissioner.’’

Based on the limited information

currently available to the Agency, the

area potentially affected by this

restriction would be the Butte, Colusa,

American, and Sutter basins, as well as

the Willow Slough and Liberty Farm

area of the Yolo basin.

7. In order to protect threatened and

endangered aquatic species in

California, labels must state: ‘‘Flood

water must be held on carbofuran

treated fields for 28 days following

flooding or application before being

released into streams, rivers or other

surface water bodies.’’ Listed species

that potentially could be affected

without this measure in California

include the Delta smelt and the winter

run of Chinook salmon.

In the South (Arkansas, Louisiana,

Mississippi, Missouri, and Texas), labels

must state: ‘‘Permanent flood waters

may not be released until 42 days after

application. Also, if the water level in

flooded rice fields rises due to heavy

rainfall, additional flashboards must be

put in place to prevent carbofurantreated water from spilling over levees

into public waters.’’ Listed species that

potentially could be affected without

these measures in the South include

numerous mussels.

8. In lieu of the measures specified on

product labels to protect threatened and

endangered species, growers have the

option of developing ‘‘landowner

agreements’’ with the appropriate state

lead conservation agency. These

agreements permit growers to tailor

species protection measures to the

specific conditions on their land.

9. Granular carbofuran products for

use on rice must contain the following

application recommendations: ‘‘Confine

all granular carbofuran applications to

field areas. Cut off application

equipment to avoid treating adjacent

roads, field drains, ditches, banks, and

other non-target areas. Apply carbofuran

only when weather conditions are calm

to prevent misplacement of granules.

Ground applications will provide more

precise carbofuran placement.’’

10. Labels must contain the following

recommendation for loading: ‘‘Ground

application equipment should be loaded

in areas which will be flooded; each

refill should be in a different location in

the field. To facilitate clean up, load

material only on tarp-covered ground.’’

11. FMC must provide a toll-free

phone number on their product labels to

report bird and wildlife kill incidents.

FMC must report all incidents reported

to it which associate the use of

carbofuran with wildlife injury or death

to EPA and the appropriate wildlife

management agencies within 24 hours,

regardless of the circumstances of the

incident.

Should substantial avian mortality or

incidental take of threatened or

endangered species occur, EPA will be

forced to consider additional use

restrictions.

EPA will make available through the

public docket its assessment of the

potential risk to the threatened and

endangered species associated with the

use of carbofuran in rice growing areas.

The assessment contains, among other

useful information, a listing of counties

potentially subject to use restrictions

due to nesting or wintering bald eagles.

The measures that EPA is requiring

are based on previous Biological

Opinions from the FWS. EPA believes

that these measures will decrease, but

not necessarily eliminate, the likelihood

of incidental take of eagles.

V. Sales Limits

Domestic sales of the 2G, 3G, 5G, 10G,

and 15G formulations by FMC will be

limited to 250,000 pounds of active

ingredient (ai) per year for the 1995 and

1996 use seasons for use only on rice

and five minor use sites, spinach grown

for seed, cucurbits, cranberries, pine
Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Notices 11093

progeny, and bananas. Based on

information received from the Puerto

Rico Department of Agriculture, EPA

acknowledges that Puerto Rico has an

existing special local need registration

for granular carbofuran use on bananas

and plantains. This minor use will now

be allowed in both Hawaii and Puerto

Rico, subject to the overall sales

limitations.

FMC must direct a minimum of 2,500

pounds/ai/year, out of the total 250,000

pounds, or more at their discretion, to

areas where the five minor use crops are

grown during the 1995 and 1996 use

seasons.

For 1997 and subsequent years, sales

by FMC will be limited to 2,500

pounds/ai/year for use only on the five

minor use sites.

For the purpose of this action, the

1995 ‘‘use season’’ begins September 1,

1994 and ends August 31, 1995.

Similarly, the 1996 use season begins

September 1, 1995 and ends August 31,

1996.

Existing stocks of the 1995 production

in the possession of dealers and growers

may be sold, distributed or used until

August 31, 1996. Existing stocks of 1996

production in the possession of dealers

and growers may be sold, distributed, or

used until August 31, 1997.

For each use season during which

FMC sells granular carbofuran for

domestic use, FMC must submit to EPA

a report by October 15 containing FMC’s

2G, 3G, 5G, 10G, and 15G carbofuran

production and sales totals for domestic

use for the immediately preceding use

season. FMC must also provide EPA

with batch and key numbers for

granular carbofuran products produced

for the 1995 and 1996 domestic use

season.

The production and sales limits in

this Notice do not include the 10CR

formulation of carbofuran, which FMC

markets only for use on canola under

FIFRA section 24(c) registrations.

The canola use differs somewhat from

other uses because of a lower

application rate (0.25 lbs/ai/acre). The

10 CR formulation differs from other

granular carbofuran formulations in the

use of a corn cob carrier rather than a

sand-core granule. The canola use was

not included in the Special Review; the

Agency is currently evaluating the risks

and benefits of this use.

VI. Procedural Matters

In order to effectuate the extension on

rice, FMC must submit applications for

amended registrations and revised

product labels. These amendments will

not be accepted by EPA until all the

limitations and conditions in this Notice

have been satisfied.

The settlement agreement concluding

the Special Review of granular

carbofuran in 1991 provided for one

opportunity for FMC Corp. to present

additional information related to the

risks and benefits of granular carbofuran

use on corn, sorghum and rice. EPA has

fulfilled that provision of the agreement.

EPA will not consider any additional

requests for extensions or reinstatement

of use on any site under the provisions

of the settlement agreement. By the

terms of the amended registration,

FMC’s registration for use of granular

carbofuran on rice will expire no later

than September 1, 1996, without order

or hearing.

In the settlement agreement with EPA,

FMC waived any right it may have to

challenge or appeal the Office Director’s

decision regarding the extension of use

of granular carbofuran to an

administrative law judge, the EPA

Administrator, or the courts. Nothing in

this Notice affects that waiver.

Any additional applications to amend

any granular carbofuran registration

which FMC may submit after the

publication date of this Notice may be

denied by EPA unless FMC has

submitted substantial new evidence

which materially changes the Agency’s

assessment of the risks and benefits of

the use of carbofuran and which was not

previously available to either EPA or

FMC. For the rice use, for example, the

new evidence would need to include, at

a minimum, site-specific, scientifically

sound, wildlife monitoring data, and a

quantitative assessment of the relative

effect on waterfowl and other wildlife of

carbofuran use versus clean farming.

Consistent with the applicable

provisions of FIFRA, EPA may consider,

on a case-by-case basis, requests for

emergency uses of granular carbofuran

under FIFRA section 18 and special

local needs registrations submitted by

states under FIFRA section 24(c).

All provisions of the 1991 settlement

agreement not specifically amended by

this Notice remain in effect.

VII. Public Record

The Office of Pesticide Programs’

public docket is located in room 1132,

Crystal Mall 2, 1921 Jefferson Davis

Highway, Arlington, Va. The carbofuran

docket and index are available for

inspection and copying from 8:00 a.m.

to 4:30 p.m., Monday through Friday,

except legal holidays.

The docket for carbofuran (OPP–

30000/48E) contains: the complete text

of all comments received in response to

59 FR 17530; a memorandum

summarizing the comments and

detailing EPA’s responses to them;

EPA’s assessment of the potential risk to

threatened and endangered species

associated with rice; and other

documents and correspondence related

to the granular carbofuran Special

Review and negotiated settlement

agreement.

List of Subjects

Environmental protection, pesticides

and pest.

Dated: February 22, 1995.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 95–5020 Filed 2–28–95; 8:45 am]

BILLING CODE 6560–50–F

[OPP–00403; FRL–4939–1]

Pesticide Products Used to Disinsect

Aircraft; Notice of Availability of Draft

Policy and Request for Comments

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: The Agency has received

information which raises questions

concerning the potential human health

risks associated with the use of

insecticide spray products in occupied

aircraft cabins. The United States has

not required the spraying of aircraft

since 1979 and the Agency believes that

this policy has not encouraged the

spread of any insectborne

communicable diseases. EPA is

soliciting comments on the Agency’s

draft Pesticide Regulation (PR) Notice

which proposes strict measures to

prevent human exposure to any

pesticide product (insecticide) used for

disinsecting aircraft. The proposed draft

PR Notice is entitled, ‘‘Pesticide

Products Used to Disinsect Aircraft.’’

Interested parties may request a copy of

the Agency’s proposed policy as set

forth in the ADDRESSES unit of this

notice.

DATES: Written comments, identified by

the docket number [OPP–00403], must

be received on or before April 17, 1995.

ADDRESSES: The draft PR Notice is

available from Rame′ Cromwell, By

mail: Registration Division (7505W),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

6th Floor, Westfield Building, 2800

Crystal Drive, Arlington, VA, (703) 308–

8377. Submit written comments to: By

mail: Public Docket and Freedom of

Information Section, Field Operations

Division (7506C), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,