[Federal Register Volume 74, Number 221 (Wednesday, November 18, 2009)]
[Pages 59537-59538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27643]



[EPA-HQ-OPP-2006-0145; FRL-8799-3]

Xylene; Addendum to the Reregistration Eligibility Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY:  This notice announces EPA's decision to modify certain 
provisions and risk mitigation measures that were specified in the 2005 
Reregistration Eligibility Decision (RED) for the pesticide xylene, an 
aquatic herbicide used in irrigation canals. EPA conducted this 
reassessment of the xylene RED in response to comments received during 
the public comment period. Based on new information received, and in a 
continuing effort to mitigate risk, the Agency has made certain 
modifications to the xylene RED.

evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0128; fax 
number: (703) 308-7070; e-mail address: perry.tracy@epa.gov.


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 person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2006-0145. Publicly available 
docket materials are available either in the electronic docket at 
http://www.regulations.gov, or, if only available in hard copy, at the 
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, 
VA. The hours of operation of this Docket Facility are from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket 
Facility telephone number is (703) 305-5805.

II. Background

A. What Action is the Agency Taking?

    Section 4 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA) directs EPA to reevaluate existing pesticides to ensure 
that they meet current scientific and regulatory standards. In 2005, 
EPA issued a RED for xylene under section 4(g)(2)(A) of FIFRA. In 
response to a notice of availability published in the Federal Register 
of May 22, 2006 (71 FR 14511) (FRL-7766-3), the Agency received 
substantive comments and information from commenters. The Agency's 
response to comments is available for viewing in the docket. The 
amended xylene RED reflects changes resulting from Agency consideration 
of the comments received on provisions of the RED, as well as efforts 
by the Agency to appropriately mitigate overall risk. The addendum to 
the RED for xylene concludes EPA's reregistration eligibility decision-
making process for this pesticide.
     The xylene addendum includes: A summary of additional usage 
information provided by the Bureau of Reclamation and other 
stakeholders; a summary of the conclusions from revised human health 
risk assessments; Agency reconsideration of the need for removing the 
existing exemption from a tolerance; the addition of an ecological data 
requirement; revised ecological mitigation measures; and an updated 
Label Table, which summarizes specific labeling language required on 
product labels. Based on studies from the open literature and other 
information, the Agency has determined that crops irrigated with 
xylene-treated water may bear finite residues of xylene, albeit, at 
very low levels. Therefore, it is appropriate to retain the existing 
tolerance exemption for xylene to address any potential residues in 
food. The Agency has determined, based on additional usage information 
and revised assessments, that use of xylene does not present dermal 
risks of concern for occupational workers. As the potential for 
inhalation exposures to workers is uncertain at this time, given the 
lack of data, the Agency is requiring additional personal protective 
equipment (i.e., half-face respirator with an organic vapor-removing 
cartridge) for workers who apply or otherwise handle xylene. In order 
to mitigate potential

[[Page 59538]]

risks of concern for nontarget aquatic organisms, the Agency is 
requiring that treated canal water either be used to irrigate crops or 
be held for 96 hours prior to release into receiving water bodies. In 
addition, as there are currently a limited number of aquatic herbicides 
registered for use in irrigation canals, the Agency has determined that 
xylene may continue to be used within all states identified under the 
Bureau of Reclamation Act, provided that the appropriate state 
registrations are also in place.

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 product 
specific data on individual end-use products and either reregistering 
products or taking other ``appropriate regulatory action.''

List of Subjects

    Environmental protection, Pesticides and pests, xylene.

    Dated: November 5, 2009.
 Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
[FR Doc. E9-27643 Filed 11-17-09; 8:45 am]