TUESDAY February 9, 1993 Part II Environmental Protection Agency Sodium Pentachlorophenate (Sodium Salt of Pentachlorophenol) Non-wood Uses; Final Determination to Terminate Special Review (This reprint was prepared from the electronic file that accompanied the original signed documents transmitted to the Office of the Federal Register. This file was certified to be a true copy of the original.) (This document appeared at 57 FR 7848 - 7849.) Federal Register / Vol. 58, No. 25 / Tuesday, February 9, 1993 / Notices ENVIRONMENTAL PROTECTION AGENCY [OPP - 30000/30F; FRL - 4179 - 3] Sodium Pentachlorophenate (Sodium Salt of Pentachlorophenol) Non-wood Uses: Final Determination to Terminate Special Review AGENCY: Environmental Protection Agency (EPA). ACTION: Decision to Terminate Special Review. SUMMARY: This notice announces the Agency's decision to terminate the Special Review for the non-wood, biocide uses of the sodium salt of pentachlorophenol, hereafter referred to as sodium pentachlorophenate. This determination is based on the decision by all registrants to voluntarily cancel or otherwise discontinue their registrations of products containing sodium pentachlorophenate. The Agency does not believe that it is necessary to continue the Special Review for a pesticide for which all uses have been canceled. FOR FURTHER INFORMATION CONTACT: Jacqueline T. McQueen, Special Review and Reregistration Division (H7508W), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: Third Floor, North (WF31N3), Crystal Station 1, 2800 Crystal Drive, Arlington, Virginia (703) 308-8164. SUPPLEMENTARY INFORMATION: Electronic Availability: This document is available as an electronic file on The Federal Bulletin Board at 9:00 a.m. on the date of publcation in the Federal Register. By modem dial (202) 512-1387 or call (202) 512-1530 for disks or paper copies. This file is also available in Postscript, Wordperfect and ASCII. This document presents the Agency's decision to terminate the Special Review for the remaining non-wood biocide uses of sodium pentachlorophenate. This decision is based on the fact that all registrants of sodium pentachlorophenate requested voluntary cancellation of registrations for their products or they were canceled because of failure to pay the required reregistration maintenance fees. I. Introduction Pentachlorophenol and its derivatives, including sodium pentachlorophenate, have been registered in the United States for more than 40 years. A Special Review for pentachlorophenol and its derivatives for all uses of products containing this active ingredient was initiated in October 1978. The Special Review was based on the Agency's concern of potential fetotoxicity, teratogenicity and carcinogenicity from exposure to this chemical. The major use for pentachlorophenol is wood preservation. Sodium pentachlorophenate is used as a biocide to control microorganisms in cooling towers, paper mills and oil well operations. Sodium pentachlorophenate is also used in wood preservation as a sapstain control agent. The registrations affected by this notice are for the non-wood biocide uses and do not include the registrations of sodium pentachlorophenate for sapstain control. II. Regulatory History In October 1978, EPA issued Notices of Rebuttable Presumption Against Registration (RPAR), now known as Special Review, for all pesticide products containing creosote, coal tar and coal tar neutral oils, inorganic arsenicals and pentachlorophenol and its derivatives, including its sodium and potassium salts (43 FR 48443). The initiation of the Special Review for pentachlorophenol and its derivatives was based on validated studies indicating its developmental toxicity. The population at risk included mixers, loaders and applicators. The Position Document 1 (PD 1) issued with that notice described these studies in detail. Subsequent studies received by the Agency indicated that pentachlorophenol and its derivatives contained two contaminants; chlorinated dibenzo-p-dioxins (HCDD) and hexachlorobenzene (HCB). Studies conducted with experimental laboratory animals had shown these chemicals to be carcinogenic, thus a presumption of carcinogenicity was added to the risk concerns for workers using pentachlorophenol and its derivatives. On December 12, 1984, the Agency published in the Federal Register (49 FR 48368), a preliminary determination (PD 2/3) which addressed the risks and benefits of all non-wood uses of pentachlorophenol and its derivatives, including sodium pentachlorophenate. In this document, the Agency proposed cancellation of all non-wood uses of sodium pentachlorophenate except for the uses in paper mills and oil well operations. For these, the Agency proposed modification of the terms and conditions for continuing the registrations. (The PD 2/3 for the wood uses of pentachlorophenol was published in January, 1981). Following the issuance of the PD 2/3, the Agency received further human health and ecological effects information on pentachlorophenol and its derivatives. Based on this new information, EPA proposed, before the Scientific Advisory Panel (SAP), in its Draft Position Document 4 to cancel all non-wood uses of pentachlorophenol and its derivatives, including sodium pentachlorophenate. The SAP concurred with the Agency's assessment of the toxicity of pentachlorophenol and its derivatives to aquatic biota, and agreed with the Agency's concern about the potential hazard to ecological and human health from exposure to these non-wood uses. The SAP also indicated that the data and data analysis for the ecological risks presented by the Agency for the oil well operations and paper mill uses were inconclusive. For these uses, the SAP suggested a reevaluation of potential exposure to aquatic biota. To address the SAP's concerns regarding the oil well operations and paper mill uses, the Agency decided to issue a Data Call-In Notice (DCI) under FIFRA section 3 to all registrants of products containing pentachlorophenol and its derivatives for these non-wood biocide uses. Also, as a result of questions raised at the SAP hearing about the Agency's assessment of the cooling tower uses, the Agency reviewed its assessment and determined that it would request additional data for these uses. For all non-wood uses except the uses in cooling towers, paper mills and oil well operations, the Agency issued a final determination on January 21, 1987 (52 FR 2282). This notice canceled all non-wood uses of pentachlorophenol and its derivatives, including sodium pentachlorophenate, except these three remaining biocide uses. In January 1992, EPA issued a comprehensive DCI for pentachlorophenol and its derivatives, which included the requirements for use, exposure, and ecological data needed for the Special Review of the three remaining biocide uses. During the 90 - day comment period for this DCI, three of the four remaining registrants for sodium pentachlorophenate submitted requests to voluntarily cancel the registrations for their products. These registrations were canceled on November 3, 1992. The notice of receipt to cancel these registrations was published in the Federal Register on June 3, 1992 (57 FR 23401). The fourth and last registrant failed to pay the required maintenance fees. This registration was canceled on November 30, 1992. The cancellation notice was published on December 16, 1992 (57 FR 59874). III. Agency Decision This notice terminates the Special Review for the remaining non-wood biocide uses, and completes the Special Review for all non-wood uses of pentachlorophenol and its derivatives, including sodium pentachlorophenate. IV. Availability of Public Docket The Agency has established a public docket for terminating the Special Review for sodium pentachlorophenate. This docket will include this notice and any other notices pertinent to the Special Review of sodium pentachlorophenate. It will also include the Agency's final decision regarding the termination of the Special Review for sodium pentachlorophenate and any other documents containing pertinent information that is not considered confidential business information. In addition, it will include written comments or other material submitted in response to initiation of the Special Review and a current index of material in the public docket. Dated: December 29, 1992. Victor J. Kimm, Acting Assistant Administrator for Prevention, Pesticides and Toxic Substances. [FR Doc. 93 - 1676 Filed 2 - 8 - 93; 8:45 am] BILLING CODE 6560 - 50 - F