Initiation of Aluminum and Magnesium Phosphide Stakeholder Process; Notice of Availability of the Aluminum and Magnesium Phosphide Reregistration Eligibility Decision Document; and Proposed Risk Mitigation Measures for Comment

ENVIRONMENTAL PROTECTION AGENCY

[OPP-34159; FRL-6053-6]

Initiation of Aluminum and Magnesium Phosphide Stakeholder

Process; Notice of Availability of the Aluminum and Magnesium Phosphide

Reregistration Eligibility Decision Document; and Proposed Risk

Mitigation Measures for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of and starts a 90-day

public comment period on the Reregistration Eligibility Decision (RED)

document for the active ingredients aluminum and magnesium phosphide.

The RED for these chemicals is the Agency's assessment of the health

and environmental risks of the subject chemicals and presents the

Agency's determination regarding which pesticidal uses are eligible for

reregistration. The RED contains a listing of possible mitigation

measures that the Agency is considering for these chemicals. The main

focus of the comment period is to collect input on these proposed

mitigation measures, their potential impacts, and alternative

mitigation measures that would accomplish the necessary risk reduction.

This notice also announces two national stakeholder meetings in Kansas

City, MO, and Sacramento, CA. The Agency specifically is asking for

input regarding the need for additional meetings in other parts of the

country and is seeking letters of interest regarding participating in a

stakeholder meeting.

DATES: Written comments on the RED must be submitted by March 23, 1999.

The stakeholder meeting(s) are expected to be held in May and June of

1999.

ADDRESSES: Three copies of comments identified with the docket control

number ``OPP-34159'' and the case number (noted below) should be

submitted to: By mail: Public Information and Records Integrity Branch,

Information Resources and Services Division (7502C), Office of

Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, deliver comments to the docket on the

first floor (Room 119), Crystal Mall 2 (CM #2), 1921 Jefferson Davis

Highway, Arlington, VA.

Comments and data may also be submitted electronically to opp-

[email protected]. Please see Unit III. of this notice for

additional instructions for electronic submissions. No Confidential

Business Information (CBI) should be submitted through e-mail.

Information submitted as a comment in response to this notice may

be claimed confidential by marking any part or all of that information

as CBI. Information so marked will not be disclosed except in

accordance with procedures set forth in 40 CFR part 2. A copy of the

comment that does not contain CBI must be submitted for inclusion in

the public docket. Information not marked confidential will be included

in the public docket without prior notice (including comments and data

submitted electronically). The public docket and docket index,

including printed paper versions of electronic comments, which does not

include any information claimed as CBI will be available for public

inspection on the first floor (Room 119) at the address given above,

from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT: Technical questions on the RED

document or regarding the aluminum and magnesium phosphide stakeholder

meetings as described above should be directed to Mark Hartman at (703)

308-0734 or Hartman.M[email protected].

To request a copy of the above listed RED document, a listing of

the proposed risk mitigation measures or a RED Fact Sheet, contact the

OPP Pesticide Docket, Public Information and Records Integrity Branch,

first floor (Room 119), at the address given above or call (703) 305-

5805.

SUPPLEMENTARY INFORMATION:

I. Electronic Availability

Electronic copies of this document and various support documents

are available from the EPA home page at the Federal Register-

Environmental Documents entry for this document under ``Laws and

Regulations'' (http://www.epa.gov/fedrgstr/).

Electronic copies of the REDs and RED fact sheets can be downloaded

from the Pesticide Reregistration Eligibility Decisions (REDs) home

page at: http//www.epa.gov/REDs.

II. Background

The Agency has issued a Reregistration Eligibility Decision (RED)

document for the pesticidal active ingredients listed above. Under the

Federal Insecticide, Fungicide, and Rodenticide Act, as amended in 1988

and 1996, EPA is conducting a reregistration program to reevaluate the

databases of existing pesticides to make sure they meet current

scientific and regulatory standards. The data base to support the

reregistration of each of the chemicals listed above is substantially

complete.

All registrants of products containing one or more of the above

listed active ingredients have been sent the appropriate RED documents

and must respond to product specific data requirements (if applicable)

within 3 months of receipt. Any requirements for revision of labeling

and use practices

[[Page 71124]]

will be determined at the conclusion of the stakeholder process. When

final risk mitigation measures are determined, registrants must make

the needed label changes within 8 months. Products containing other

active ingredients will not be reregistered until those other active

ingredients are determined to be eligible for reregistration.

The reregistration program is being conducted under congressionally

mandated time frames, and EPA recognizes both the need to make timely

reregistration decisions and to involve the public. Therefore, EPA is

issuing this RED as a final document with a 90-day comment period.

Although the 90-day public comment period does not affect the

registrant's response due date, it is intended to provide an

opportunity for public input and a mechanism for initiating amendments

to the RED. All comments will be carefully considered by the Agency.

A. National Aluminum and Magnesium Phosphide Stakeholder Meeting(s)

Given the high toxicity of aluminum and magnesium phosphide and

potential risks posed to applicators, and occupational and residential

bystanders (people in work areas not directly involved in fumigation/

aeration and people in nearby residential areas), the Agency has

developed a number of mitigation measures which it proposes in order

toreduce the risks outlined in the RED. However, since aluminum and

magnesium phosphide have significant benefits and there are few, if

any, viable alternatives, one of which is methyl bromide, the Agency

believes that it is important that a broad stakeholder process be

conducted to discuss these measures and/or to develop other workable

mitigation measures that adequately protect occupational and

residential bystanders.

Therefore, the Agency is planning to conduct a public comment and

stakeholder process to accomplish this objective.

During the public comment period, commencing with the publishing of

this notice, comments and suggestions will be collected and reviewed

concerning these measures. Based upon this input, the proposed measures

will be revised as needed. These revised mitigation measures will be

discussed at stakeholder meetings that will be held in Kansas City,

Missouri and Sacramento, California within 9 months from the issuance

of the RED.

The Agency is requesting input on whether there is a need for

additional meetings at other locations. Any input on this question

should be provided to the Agency no later than January 22, 1999. These

meetings will be open to the public and will also include a focused

group discussion regarding the proposed mitigation measures. The Agency

is requesting letters of interest from stakeholders who would like to

participate in such a group discussion. These letters should be

provided to the Agency no later than February 8, 1999. For these

meetings to be most efficient and successful, all interested parties

and viewpoints will be welcomed and considered.

Following the conclusion of this process, the Agency will make a

final determination on the mitigation measures that must be adopted in

order for products containing aluminum and magnesium phosphide to be

eligible for reregistration. The outcome of this public comment and

stakeholder process will affect all aluminum and magnesium phosphide

products.

B. Consultation with United States Department of Agriculture Phosphine

Task Force

EPA has initiated work with a task force of experts on pest

management in stored commodities. The Phosphine Task Force was

assembled by the United States Department of Agriculture (USDA) and is

made up of scientists from the Land Grant Universities and the USDA

Agricultural Research Service. The Phosphine Task Force will work

closely with the EPA during the public comment period and the

stakeholder meetings to provide input on the proposed risk mitigation

strategy. The Phosphine Task Force will help refine the proposed risk

mitigation measures, examine implementation issues, and suggest

alternative measures.

C. Proposed Risk Mitigation Measures

The following is a summary list of the mitigation measures that are

proposed for allaluminum and magnesium phosphide products. These

measures are to be discussed aspart of the public review and

stakeholder meeting process mentioned above. Please refer to Unit III.

of the RED document if you would like a complete version of the

riskmitigation proposals.

1. Notification of authorities and on-site workers. The Agency is

proposing that applicators would be required to ensure that the local

authorities (fire departments, police departments etc.) are notified of

the date, time, and location of planned fumigation events at least 24

hours in advance of beginning operations. The Agency is also proposing

that the applicators would be required to notify any worker or other

person who might be expected to be in the proximity of the fumigation/

aeration, prior to fumigation.

2. Requirement for certified applicators. The Agency is proposing

to require that all persons who conduct fumigation/aeration activities

be a certified applicator or that certified applicators supervising the

activity be within 50 feet of the operation and within clear sight-line

of the persons conducting the operation. Current labels allow for non-

certified fumigators and aerators to conduct activities under the

direct supervision and physical presence of a certified applicator.

However, it is possible under this current language for the certified

applicator to be a significant distance away from the actual operation,

impeding his/her ability to adequately oversee the operations.

3. Prohibit aeration of railcars, railroad boxcars, other

vehicles, and containers en-route. The Agency is proposing that

aeration of fumigated railcars, railroad boxcars, shipping containers,

and other vehicles while in transit would be prohibited. Labels would

be required to include this prohibition.

4. Placarding fumigated structures, containers, and vehicles. The

Agency is proposing as a possible requirement that placards, or

someother documentation that accompanies the structure/container/

vehicle, clearly state that prior to entering the structure/container/

vehicle a certified applicator or trained person under the supervision

of a certified applicator must monitor the concentration of phosphine

therein. Unloading where exposure to workers or bystanders is possible,

or entry must not occur until the measured concentrations are below the

pertinent standard unless appropriate PPE is worn. These placards must

also contain information for reporting incidents which is consistent

with the incident reporting program developed by the registrants.

5. Establish an incident reporting program. The Agency is

proposing that registrants would be required to establish programs for

the comprehensive reporting of incidents to the Agency on an annual

basis.

6. Personal protective equipment. The Agency is proposing to

require that all persons involved infumigation/aeration operations wear

respiratory protection during those operations unless it can be

verified via monitoring that the concentrations of phosphine are at or

below the established standard. Personal protective equipment (PPE)

would be required to be worn by any person conducting monitoring

activities until concentrations are known to be

[[Page 71125]]

below the established limit. In the event of a spill or leak, a self-

contained breathing apparatus (SCBA) or supplied air would be required

to be worn until the spill has been cleaned or the leak has been

repaired.

7. Require two-man operation for any activity that would involve

entry into a fumigated structure. The Agency is proposing that a

minimum of two qualified persons would be needed to carry out any

fumigation requiring entry into a structure. By implementing a two-man

rule, if an applicator is unable to remove oneself from a dangerous

exposure situation the second person can then assist in the safe

removal of that person from danger. One person would be required to be

a certified applicator and one person would need to be trained in the

use of monitoring equipment and the health effects of phosphine gas.

8. Establish 500 foot buffer zone and restricted area around all

fumigated structures. The Agency is proposing to prohibit the

fumigation and aeration of structures that are within 500 feet of

residential areas. Further, a 500 foot restricted area would be

implemented for all areas/structures undergoing fumigation/aeration.

These steps would be taken primarily to prevent exposure to residential

bystanders. Prior to entry to this area monitoring would need to be

conducted to ensure that the concentration of phosphine in the

atmosphere is less than the 0.03 ppm standard or the limit of detection

of the best available technology. Entry would not be allowed above that

concentration unless appropriate PPE is worn. Placarding would be

required to occur around the perimeter of the 500 foot restricted zone.

Efforts would need to be made to request permission for placarding

where placarding of the perimeter would involve other people's

property.

9. Institute more thorough monitoring around the commodity. The

Agency is proposing to require stringent monitoring when unloading or

otherwise disturbing a commodity that has been fumigated, since the

level of phosphine gas may be higher at the core of the commodity than

in the surrounding air. Monitoring at the door or hatch is insufficient

in some cases. Therefore, concentrations would be required to be

monitored at the top, middle, and bottom levels of the commodity/

storage facility, where feasible.

10. Require seal/leak testing for fumigated structures. The Agency

is proposing that, prior to fumigation, the structure would undergo

seal/leak testing using established methods to ensure that leakage

during fumigation will not occur or is significantly minimized. Record

of seal/leak testsmust be retained by the certified applicator. Leaks

would need to be repaired prior to fumigation. Fumigation would

prohibited in cases where substantial leaks are discovered and cannot

be sealed.

11. Establish a minimum distance from residences for burrow use and

PPE for applicators during these applications. The Agency is proposing

that treatment of burrows for rodent control be prohibited within 100

feet of a residence. Note that current labels have a restriction of 15

feet, which may not be protective if burrow tunnels extend toward

residences (basements). Applicators involved in the fumigation of

animal burrows would be required to wear respiratory protection during

the course of the operation. These actions would eliminate the

residential uses of aluminum and magnesium phosphide but would allow

for rodent control to continue under other circumstances. In cases of

public health, where no other alternatives can be found, exceptions to

this item may be made.

12. Notification of local residents. The Agency is proposing to

require notification so that residents in adjoining properties can make

decisions regarding temporarily leaving their property during

fumigation. Such notification would also be required for commercial and

industrial sites that are near a planned fumigation operation. The

Agency proposes that the certified applicator would be required to

ensure that all residents are notified within 750 feet of the fumigated

structure.

13. Requirement for improved training for certified applicators.

The Agency is proposing to require that the registrants work with the

appropriate personnel in the Agency and in the States to develop a

fumigator-specific certification program that adequately addresses all

risks associated with the use of these chemicals. These programs would

stress the highly toxic nature of the chemicals, fumigation/aeration-

specific issues, and the importance of understanding and following

label language exactly. Also, those requirements that result from the

outcomes of the stakeholder meetings, must be emphasized. This effort

would also include consideration of the most effective method of

delivering this training.

14. Monitoring methods to minimize exposure. The Agency is

proposing to require additional monitoring of areas around fumigated

structures in order to reduce the potential for occupational and

residential bystander exposure to phosphine. The Agency is further

proposing to require that no fumigated structure be entered until it

can be verified that the concentrations of phosphine present are at or

below the 0.03 ppm standard unless appropriate PPE is worn. A certified

applicator or other competent person (industrial hygienist etc.) Would

be required to conduct the monitoring. All fumigation/aeration

operations would be covered by this requirement including outdoor

operations.

The Agency recognizes that current technology may not be capable of

detecting phosphine at the 0.03 ppm level. Therefore, the best

available technology would be used with the limit of detection acting

as the standard until new technology becomes available at which time

the 0.03 ppm standard would be required.

The Agency is aware of a ``real-time'' direct-read device

technologies with a limitof detection of 0.05 ppm that are currently

available. These devices can be equipped with audible alarms and data

loggers.

15. Establish and define applicable exposure limits for the label.

The Agency is proposing to require that all applicable safety standards

appear on the label.

III. Public Record and Electronic Submissions

The official record for this notice, as well as the public version,

has been established under docket control number ``OPP-34159''

(including comments and data submitted electronically as described

below). A public version of this record, including printed, paper

versions of electronic comments, which does not include any information

claimed as CBI, is available for inspection from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal holidays. The official record is

located at the address in ``ADDRESSES'' at the beginning of this

document.

Electronic comments can be sent directly to EPA at:

[email protected]

Electronic comments must be submitted as an ASCII file avoiding the

use of special characters and any form of encryption. Comment and data

will also be accepted on disks in Wordperfect 5.1/6.1 file format or

ASCII file format. All comments and data in electronic form must be

identified by the docket control number (OPP-34159). Electronic

comments on this notice may be filed online at many Federal Depository

Libraries.

List of Subjects

Environmental protection, Fumigation

[[Page 71126]]

Dated: December 18, 1998.

Jack E. Housenger,

Director, Special Review and Reregistration Division, Office of

Pesticide Programs.

[FR Doc. 98-34049 Filed 12-22-98; 8:45 am]

BILLING CODE 6560-50-F