[Federal Register Volume 61, Number 248 (Tuesday, December 24, 1996)]
[Notices]
[Pages 67800-67801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32526]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-42075A; FRL-5382-2]
Oregon Plan for Certification of Pesticide Applicators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Approval of Amendment to Oregon Certification Plan.
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SUMMARY: On December 6, 1995, EPA published a Notice of Intent to amend
the Oregon plan for the certification of applicators of restricted use
pesticides. This amendment permits the certification of applicators of
1080 Livestock Protection Collars (LPC). Notice is hereby given of EPA
approval of this amendment to the Oregon Certification Plan.
FOR FURTHER INFORMATION CONTACT: Allan Welch, U.S. Environmental
Protection Agency, Region 10, 1200 Sixth Avenue, Eighth Floor, Seattle,
WA 98101. Telephone: (206) 553-1980, e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The final decision permitting registration of 1080 LPC was signed
by Lee M. Thomas, Assistant Administrator for Solid Waste and Emergency
Response, on October 31, 1983 (FIFRA Docket 502). This final decision
requires applicators of 1080 LPC to receive specific training and to
comply with recordkeeping and reporting requirements beyond that of
applicators of other restricted use pesticides. For these reasons EPA
has required a distinct certification process for applicators of 1080
LPC collars. To meet
[[Page 67801]]
this requirement Oregon amended their existing certification plan. This
amendment establishes a 1080 LPC subcategory under their existing
regulatory pest control category.
Oregon will only be certifying employees of the U.S. Department of
Agriculture, Animal Damage Control (ADC), as 1080 LPC applicators.
Certification granted ADC employees will permit them to utilize 1080
LPC in performance of their official duties. ADC estimates that
approximately 34 employees of ADC will seek certification under the
1080 LPC subcategory. The only registrant of 1080 LPC in Oregon is the
ADC. Therefore, the ADC will be the source of 1080 LPC collars.
The Oregon 1080 Livestock Protection Collar Plan is more
restrictive than the federal requirements in the following areas: use
is limited to ADC agents, and monitoring and tracking of collars must
be done twice per week rather than once per week.
The amendment to the Oregon certification plan contains a draft
Memorandum of Agreement between the Oregon Department of Agriculture
(ODA) and the ADC addressing their respective roles and
responsibilities. The ODA will oversee the activities of the ADC in its
roles both as registrant and as employer/supervisor of 1080 LPC
applicators. In addition to its responsibilities as registrant, the ADC
will provide training and supervision to its 1080 LPC applicators.
Certification and recertification will be based upon a written
examination administered by the ODA. Recertification will be required
every 5 years.
II. Discussion of Comments
Approximately 190 commenters responded with a few commenters
submitting multiple comments. Of the comments received approximately 50
favored approval of the amendment establishing a 1080 Livestock
Protection Collar Certification Plan. The remaining approximately 140
commenters opposed approval of the amendment. The comments on both
sides of the approval question focused on the need for the 1080 LPC,
its effectiveness, the effectiveness and availability of alternative
means of control, and its safety to man, animals and the environment.
The notice of intent to approve the amendment to Oregon
Certification Plan asked for comments on the proposed amendments to the
Oregon Certification Plan. None of the comments in opposition
specifically addressed the provisions of the Oregon plan. The opposing
comments addressed registration of the 1080 LPC with the most common
comment being that the 1080 LPC should not be registered because of its
toxicity. The comments directed at the registration of the 1080 LPC are
outside the scope of the Notice of Intent to Approve the Oregon 1080
LPC Plan; these comments could not be addressed. Information on the
registration of 1080 however, is addressed in the Reregistration
Eligibility Decision (RED) that was published in 1995 on sodium
fluoroacetate (Compound 1080). The document number is (EPA 738-R95-
025). The sodium fluoroacetate RED contains the Agency's evaluation of
the data base of this chemical, its conclusions of the potential human
health and environmental risks of the current product's use, and its
decisions and conditions under which this use and products will be
eligible for reregistration. The RED has been included in the docket
accompanied by the October 31, 1983 final decision, concerning
registration applications to use sodium fluoroacetate to control
predators. Both documents along with comments received on the Notice of
Intent to Approve the Oregon 1080 LPC Plan can be reviewed at any time
during normal business hours at the addresses noted at the end of this
notice. The RED can also be obtained through the National Technical
Information Service (NTIS). Orders may be placed to NTIS by telephone
at the following number: (703) 487-4650, or by mail to the following
address: National Technical Information Service, ATTN: Order Desk,
52854 Port Royal Road, Springfield, Virginia 22161.
Most of those commenting in favor of the proposal also confined
their comments to the general question of 1080 LPC use. However, some
of those commenting in favor of the proposed amendment addressed the
administrative controls contained in the proposed 1080 LPC amendment.
These comments generally addressed the fact that only ADC officials
would be certified to use 1080 LPC and the control of access to 1080
LPC provided by this provision.
No comments were received that addressed or demonstrated how the
Oregon proposed 1080 LPC amendment failed to meet the requirement for
approval contained in FIFRA, the regulations at 40 CFR part 171, the
labeling, and the Administrator's final decision. EPA continues to
monitor the registration and use of the 1080 LPC to assure restrictions
are adequate for minimizing risks to human health and the environment.
EPA and the ODA plan to closely monitor the use of 1080 LPC's by the
ADC to ensure compliance with the Plan and label requirements. Reports
of misuse or problems connected with the use of 1080 LPC should be
directed to the EPA or the ODA. Address and phone numbers can be found
below.
The amendment to the Oregon Certification Plan for the
certification of 1080 LPC applicators is approved.
Copies of the Oregon approved plan amendment and comments are
available for review at the following locations during normal business
hours:
1. U.S. Environmental Protection Agency, Region 10, Pesticides
Unit, 1200 Sixth Avenue, Eighth Floor, Seattle, Washington 98101.
Telephone (206) 553-1980.
2. U.S. Environmental Protection Agency, Office of Pesticide
Programs, Crystal Mall #2, 1921 Jefferson Davis Highway, Room 1121,
Arlington, VA 22202. Telephone (703) 305-7370.
3. Oregon Department of Agriculture, Plant Division, 635 Capitol
Street N.E., Salem, Oregon 97310. Telephone (503) 986-4635.
Dated: December 3, 1996.
Charles Clarke,
Regional Administrator, Region 10.
[FR Doc. 96-32526 Filed 12-23-96; 8:45 am]
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