Federal Register: November 4, 2009 (Volume 74, Number 212)

DOCID: fr04no09-66 FR Doc E9-26595

ENVIRONMENTAL PROTECTION AGENCY

Environmental Protection Agency

EPA ID: [EPA-HQ-OPP-2009-0825; FRL-8797-4]

NOTICE: NOTICES

DOCID: fr04no09-66

ACTION: Pesticides:

DOCUMENT ACTION: Notice.

SUBJECT CATEGORY:

Petition to Protect Children from Pesticide Drift; Notice of Availability

DATES: Comments must be received on or before January 4, 2010.

DOCUMENT SUMMARY:

On October 13, 2009, EPA received a petition from Earthjustice and Farmworker Justice, on behalf of several other organizations, requesting that the Agency systematically evaluate children's exposures to pesticide drift and require interim prohibitions on the use of certain pesticides near homes, schools, and other places where children congregate. With this notice, the Agency is soliciting comments on the petition. In a separate notice published elsewhere in this issue of the Federal Register, the Agency is soliciting comments on a draft Pesticide Registration (PR) notice providing guidance on pesticide drift labeling (see www.regulations.gov, docket identification number EPAHQOPP20090628).

SUMMARY:

Petition to Protect Children from Pesticide Drift; Availability

SUPPLEMENTAL 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 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.

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.

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 due to pesticide drift, compared to the general population.

II. Background

The October 13, 2009 petition can be found in the docket for this notice. In summary, the petition asserts that the Agency does not adequately consider the exposures of children to pesticide drift, especially children who live in agricultural areas. The petitioners are asking that the Agency assess pesticidespecific exposures from drift to children in homes, schools, and other areas in which children congregate; determine if such exposures pose excessive risks; and implement measures to reduce any such risks. The petitioners further request that the Agency immediately adopt specific interim restrictions on certain pesticides used near areas where children congregate. Apart from the petition, the Agency is engaged in a number of activities to address pesticide drift, including the development of a PR
[[Page 57170]]
Notice with guidance on labeling to reduce exposures, including exposures to children. The Agency's activities to address drift are described in more detail in the document ``Draft PR Notice 2009X: Additional Information and Questions for Commenters'' (available at www.regulations.gov, docket identification number EPAHQOPP2009 0628).
III. Process

A. What Action is the Agency Taking?

The Agency is soliciting public comment on the petition and opening a docket for the collection of these comments. The Agency will consider comments received during the public comment period when formulating its response to the petition.

B. Information Submission Requirements

Anyone may submit comments in response to the petition, and the docket for comments on the petition will remain publicly accessible through the decisionmaking process. To be considered by the Agency, the submitted comments must meet the following requirements:

  • Interested persons must submit their comments during the comment period. The Agency may, at its discretion, consider comments submitted at a later date.
  • The comments must be presented in a legible and useable form. For example, an English translation must accompany any material that is not in English and a written transcript must accompany any information submitted as an audiographic or videographic record. Written material may be submitted in paper or electronic form.
  • Submitters must clearly identify the source of any submitted data or information included in their comments.
  • Submitters may request the Agency to reconsider data or information that the Agency rejected previously. However, submitters must explain why they believe the Agency should reconsider such data or information.

    List of Subjects

    Environmental protection, Environmental Justice, Pesticides and pests, Spray drift, Earthjustice, Farmworker Justice.

    Dated: October 27, 2009.
    Richard P. Keigwin, Jr.,
    Director, Pesticide Reevaluation Division, Office of Pesticide Programs.
    [FR Doc. E926595 Filed 11309; 8:45 am]
    BILLING CODE 656050S

    FOR FURTHER INFORMATION CONTACT

    Jill Bloom, Chemical Review Manager, Pesticide Reevaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 204600001; telephone number: (703) 3088019; fax number: (703) 3087070; email address: bloom.jill@epa.gov.