Notice2023-13879
Pesticide Registration Review; Sulfuryl Fluoride Revised Mitigation and Response to Comments on the Draft Interim Re-Entry Mitigation Measures Memorandum; Notice of Availability
Primary source
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Published
June 29, 2023
Issuing agencies
Environmental Protection Agency
Abstract
This notice announces the availability of EPA's Sulfuryl Fluoride Revised Mitigation and Response to Comments on the Draft Interim Re-Entry Mitigation Measures Memorandum, which is being issued to address human health concerns and in response to EPA's Office of Inspector General 2016 (OIG) Report, Additional Measures Can Be Taken to Prevent Deaths and Serious Injuries from Residential Fumigations (No. 17-P-0053). Sulfuryl flouride is currently in registration review which is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without causing 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. EPA believes that the mitigation measures outlined in the Sulfuryl Fluoride Revised Mitigation and Response to Comments on the Draft Interim Re-Entry Mitigation Measures Memorandum are necessary to address identified human health risk concerns from the use of sulfuryl fluoride as a structural fumigant in residential use sites.
Full Text
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<title>Federal Register, Volume 88 Issue 124 (Thursday, June 29, 2023)</title>
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[Federal Register Volume 88, Number 124 (Thursday, June 29, 2023)]
[Notices]
[Pages 42066-42067]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13879]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0136; FRL-11049-01-OCSPP]
Pesticide Registration Review; Sulfuryl Fluoride Revised
Mitigation and Response to Comments on the Draft Interim Re-Entry
Mitigation Measures Memorandum; Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of EPA's Sulfuryl
Fluoride Revised Mitigation and Response to Comments on the Draft
Interim Re-Entry Mitigation Measures Memorandum, which is being issued
to address human health concerns and in response to EPA's Office of
Inspector General 2016 (OIG) Report, Additional Measures Can Be Taken
to Prevent Deaths and Serious Injuries from Residential Fumigations
(No. 17-P-0053). Sulfuryl flouride is currently in registration review
which is EPA's periodic review of pesticide registrations to ensure
that each pesticide continues to satisfy the statutory standard for
registration, that is, that the pesticide can perform its intended
function without causing 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. EPA believes that the mitigation
measures outlined in the Sulfuryl Fluoride Revised Mitigation and
Response to Comments on the Draft Interim Re-Entry Mitigation Measures
Memorandum are necessary to address identified human health risk
concerns from the use of sulfuryl fluoride as a structural fumigant in
residential use sites.
ADDRESSES: The docket for this action, identified under docket
identification (ID) number EPA-HQ-OPP-2009-0136, is available online at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional instructions on visiting the
docket,
[[Page 42067]]
along with more information about dockets generally, is available at
<a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: For pesticide specific information
contact: Moana Appleyard, Pesticide Re-Evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 566-2220; email address: <a href="/cdn-cgi/l/email-protection#224352524e475b4350460c4f4d434c43624752430c454d54"><span class="__cf_email__" data-cfemail="58392828343d21392a3c763537393639183d2839763f372e">[email protected]</span></a>.
For general questions 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; telephone number: (202) 566-0701;
email address: <a href="/cdn-cgi/l/email-protection#fc9e958f9f9399d29199909d929599bc998c9dd29b938a"><span class="__cf_email__" data-cfemail="4a28233929252f64272f262b24232f0a2f3a2b642d253c">[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 and
human health 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. How can I get copies of this document and other related information?
The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0136, is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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. The sulfuryl flouride decision document,
which is ahead of the typical mitigation phase of Registration Review,
is in response to the EPA Office of the Inspector General's (OIG) 2016
report entitled Additional Measures Can Be Taken to Prevent Deaths and
Serious Injuries From Residential Fumigations (available at: <a href="https://www.epa.gov/sites/production/files/2016-12/documents/_epaoig_20161212-17-p-0053.pdf">https://www.epa.gov/sites/production/files/2016-12/documents/_epaoig_20161212-17-p-0053.pdf</a>). The Agency issued the Sulfuryl Fluoride Draft Interim
Re-Entry Mitigation Measures in May 2021 for public comment. During the
comment period, comments were received that resulted in changes to the
Agency's mitigation decision, including revising the aeration
procedures. The purpose of the Sulfuryl Fluoride Revised Mitigation and
Response to Comments on the Draft Interim Re-Entry Mitigation Measures
Memorandum is to announce the final risk mitigation measures to address
these recommendations from the OIG Report and provide responses to the
comments received on the draft interim risk mitigation measures. EPA
expects that the implementation of the mitigation measures described in
this risk mitigation document will allow sulfuryl fluoride products to
remain available to users while addressing the recommendations from the
OIG report.
Once all the risk assessments are completed for all the uses of
sulfuryl fluoride, EPA may propose additional mitigation to address
potential risks, as part of the normal registration review process. EPA
will solicit public input on any additional risk mitigation in a
Proposed Interim Decision (PID). Through the registration review
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.
III. Authority
EPA is conducting its registration review of the sulfuryl fluoride
documents listed in Unit IV pursuant to section 3(g) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Procedural
Regulations for Registration Review at 40 CFR part 155, subpart C.
Section 3(g) of FIFRA 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 Sulfuryl Fluoride Revised Mitigation and Response to Comments
on the Draft Interim Re-Entry Mitigation Measures, to finalize the
Agency's early mitigation in response to the OIG Report.
As provided in 40 CFR 155.58, the registration review docket for
each pesticide case will remain publicly accessible through the
duration of the registration review process; that is, until all actions
required in the final decision on the registration review case have
been completed. Background on the registration review program is
provided at: <a href="https://www.epa.gov/pesticide-reevaluation">https://www.epa.gov/pesticide-reevaluation</a>.
Authority: 7 U.S.C. 136 et seq.
Dated: June 26, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2023-13879 Filed 6-28-23; 8:45 am]
BILLING CODE 6560-50-P
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