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EPA ID: [EPA-HQ-OPP-2008-0343; FRL-8363-3]

NOTICE: NOTICES

ACTION: Extension of the Period for Preparation of Regional Clean Water Act Section 404(c) Recommendation:

DOCUMENT ACTION: Notice.

SUBJECT CATEGORY: Naphthalene Risk Assessments; Notice of Availability and Risk Reduction Options

DATES: Comments must be received on or before July 14, 2008.

DOCUMENT SUMMARY: This notice announces the availability of EPA's risk assessments, and related documents for the pesticide naphthalene, and opens a public comment period on these documents (Phase 3 of 4Phase Process). The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for naphthalene through a modified, 4Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. Through this program, EPA is ensuring that all pesticides meet current health and safety standards.

SUMMARY: Naphthalene Risk Assessments; Availability, and Risk Reduction Options,

SUPPLEMENTAL 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, 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 person 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 CDROM that you mail to EPA, mark the outside of the disk or CDROM as CBI and then identify electronically within the disk or CDROM 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 submitting comments, remember to:

i. Identify the document by docket ID number and other identifying information (subject heading, Federal Register date and page number).

ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.

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iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

iv. Describe any assumptions and provide any technical information and/or data that you used.

v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

vi. Provide specific examples to illustrate your concerns and suggest alternatives.

vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

viii. Make sure to submit your comments by the comment period deadline identified.
II. Background

A. What Action is the Agency Taking?

EPA is releasing for public comment its human health and environmental fate and effects risk assessments and related documents for naphthalene and soliciting public comment on risk management ideas or proposals. Naphthalene is an insecticide used primarily as a moth repellant. EPA developed the risk assessments and risk
characterizations for naphthalene through a modified version of its public process for making pesticide reregistration eligibility and tolerance reassessment decisions. Through these programs, EPA is ensuring that pesticides meet current standards under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

Naphthalene is an insecticide used as a moth repellant for the protection of wool clothing and as an animal repellant against nuisance vertebrate pests. Naphthalene products are formulated as moth balls, flakes, dusts, and granules. All pesticidal uses of naphthalene are residential; no food or occupational uses are registered.

EPA is providing an opportunity, through this notice, for interested parties to provide comments and input on the Agency's risk assessments for naphthalene. Such comments and input could address, for example, the availability of additional data to further refine the risk assessments, such as ambient exposure data related to the pesticidal uses of naphthalene, or could address the Agency's risk assessment methodologies and assumptions as applied to this specific pesticide.

Through this notice, EPA also is providing an opportunity for interested parties to provide risk management proposals or otherwise comment on risk management for naphthalene, specifically, measures for mitigating risk from episodic ingestion (i.e. toddlers eating a mothball product). The Agency is soliciting information on effective and practical risk reduction measures.

EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income, 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, unusually high exposure to naphthalene, compared to the general population.

EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the Federal Register on May 14, 2004 (69 FR 26819) (FRL73579), explains that in conducting these programs, the Agency is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of the issues, and degree of public concern associated with each pesticide. For naphthalene, a modified, 4Phase process with 1 comment period and ample opportunity for public consultation seems appropriate in view of its limited risk concern. All comments should be submitted using the methods in ADDRESSES, and must be received by EPA on or before the closing date. Comments will become part of the Agency Docket for naphthalene. Comments received after the close of the comment period will be marked ``late.'' EPA is not required to consider these late comments.

B. What is the Agency's Authority for Taking this Action?

Section 4(g)(2) of FIFRA, as amended, directs that, after submission of all data concerning a pesticide active ingredient, ``the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration,'' before calling in productspecific data on individual enduse products and either reregistering products or taking other ``appropriate regulatory action.''
List of Subjects

Environmental protection, Pesticides and pests.

Dated: May 7, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of Pesticide Programs.
[FR Doc. E810830 Filed 51308; 8:45 a.m.]
BILLING CODE 656050S

FOR FURTHER INFORMATION CONTACT Molly Clayton, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 204600001; telephone number: (703) 6030522; fax number: (703) 3087070; email address: clayton.molly@epa.gov.