Page 1 of 10 Revised Summary of Required Labeling Changes for Propanil Description Required Labeling Language Placement on Label Manufacturing Use Products Required on all MUPs AOnly for formulation into an herbicide for the following use( s) [ fill blank only with those uses that are being supported by MP registrants].@

After December 1, 2007, the manufacturing use product may not be formulated into dry flowable end use products, unless they are packaged in closed systems or unless the Agency has changed the dry flowable mitigation based on submitted data.

Technical and end use product labels must be revised to delete all references to and use directions for these cancelled use patterns: turf, and all small grains except rice. Directions for Use One of these statements may be added to a label to allow reformulation of the product for a specific use or all additional uses supported by a formulator or user group. AThis product may be used to formulate products for specific use( s) not listed on the MP label if the formulator, user group, or grower has complied with U. S. EPA submission requirements regarding support of such use( s).@

AThis product may be used to formulate products for any additional use( s) not listed on the MP label if the formulator, user group, or grower has complied with U. S. EPA submission requirements regarding support of such use( s).@ Directions for Use Environmental Hazards Statements Required by the RED and Agency Label Policies AThis pesticide is toxic to fish and aquatic invertebrates. Do not discharge effluent containing this product into lakes, streams, ponds, estuaries, oceans, or public waters unless in accordance with the requirements of a National Pollutant Discharge Eliminations System ( NPDES) permit and the permitting authority has been notified in writing prior to discharge. Do not discharge effluent containing this product to sewer systems without previously notifying the local sewage treatment plant authority. For guidance, contact your State Water Board or Regional Office of the Environmental Protection Agency.@ Directions for Use Page 2 of 10 Description Required Labeling Language Placement on Label End Use Products Intended for Occupational Use Handler PPE Requirements for Dry Flowable Formulations Packaged before December 1, 20071 [ Note: Dry Flowables must be packaged in closed systems after December 1,

2007, unless the Agency has changed the dry flowable mitigation based on submitted data.] APersonal Protective Equipment ( PPE)

Some materials that are chemical resistant to this product are [ registrant inserts correct material]. For more information, follow instructions in Supplement Three of PR Notice 93 7. If you want more options, follow the instructions for category [ insert A, B, C, D, E, F, G or H] on an EPA chemicalresistance category selection chart.@

AMixers, loaders, and other handlers exposed to the concentrate must wear:

 coveralls over long sleeve shirt and long pants,

 chemical resistant gloves,

 chemical resistant footwear plus socks,

 chemical resistant headgear, if overhead exposure, and  chemical resistant apron.

Applicators and other handlers exposed to the dilute must wear:

 long sleeved shirt and long pants, and  shoes plus socks.

See engineering controls for additional requirements and options.@ Precautionary Statements: Hazards to Humans and Domestic Animals Handler PPE Requirements for Dry Flowable Formulations Packaged after December 1,

20071 [ Note: Dry Flowables must be packaged in closed systems after December 1,

2007, unless the Agency has " Personal Protective Equipment ( PPE)

Some materials that are chemical resistant to this product are [ registrant inserts correct material]. For more information, follow instructions in Supplement Three of PR Notice 93 7. If you want more options, follow the instructions for category [ insert A, B, C, D, E, F, G or H] on an EPA chemicalresistance category selection chart."

" Mixers, loaders, applicators, and other handlers must wear:

 long sleeve shirt,

 long pants,

 shoes and socks, and  chemical resistant gloves, chemical resistant apron, and chemical resistant footwear when Precautionary Statements: Hazards to Humans and Domestic Animals Page 3 of 10 Description Required Labeling Language Placement on Label changed the dry flowable mitigation based on submitted data.] mixing/ loading, cleaning up spills or equipment, or otherwise exposed to the concentrate.

See engineering controls for additional requirements."

Handler PPE Requirements for Liquid Concentrate Formulations1 Packaged with Built in Probes [ Note: All liquid formulations must be mixed and loaded in closed systems as detailed in the engineering controls section of this table.] APersonal Protective Equipment ( PPE)

Some materials that are chemical resistant to this product are [ registrant inserts correct material]. For more information, follow instructions in Supplement Three of PR Notice 93 7. If you want more options, follow the instructions for category [ insert A, B, C, D, E, F, G or H] on an EPA chemicalresistance category selection chart.@

AMixers, loaders, applicators, and other handlers must wear the following, except when removing an unrinsed probe:

 long sleeve shirt,

 long pants,

 shoes and socks,

 chemical resistant gloves and chemical resistant apron when mixing/ loading, cleaning up spills or equipment, or otherwise exposed to the concentrate.

 In addition handlers must wear chemical resistant footwear when cleaning up spills or equipment.

Mixers, loaders, and other handlers must wear the following when removing an unrinsed probe:

 Coveralls over long sleeved shirt and long pants,

 Chemical resistant gloves,

 Chemical resistant footwear plus socks,

 Protective eyewear, if the system operates under pressure, and  Chemical resistant apron.

See engineering controls for additional requirements." Precautionary Statements: Hazards to Humans and Domestic Animals Handler PPE Requirements for All Other Liquid Concentrate Formulations1 Not Packaged with Built in Probes APersonal Protective Equipment ( PPE)

Some materials that are chemical resistant to this product are [ registrant inserts correct material]. For more information, follow instructions in Supplement Three of PR Notice 93 7. If you want more options, follow the instructions for category [ insert A, B, C, D, E, F, G or H] on an EPA chemicalresistance category selection chart.@ Precautionary Statements: Hazards to Humans and Domestic Animals Page 4 of 10 Description Required Labeling Language Placement on Label [ Note: All liquid formulations must be mixed and loaded in closed systems as detailed in the engineering controls section of this table.] AMixers, loaders, applicators, and other handlers must wear the following:

 long sleeve shirt,

 long pants,

 shoes and socks,

 chemical resistant gloves and chemical resistant apron when mixing/ loading, cleaning up spills or equipment, or otherwise exposed to the concentrate.

See engineering controls for additional requirements."

User Safety Requirements AFollow manufacturer's instructions for cleaning/ maintaining PPE. If no such instructions for washables exist, use detergent and hot water. Keep and wash PPE separately from other laundry.@

ADiscard clothing or other absorbent materials that have been drenched or heavily contaminated with this product= s concentrate. Do not reuse them.@ Precautionary Statements: Hazards to Humans and Domestic Animals immediately following the PPE requirements Engineering Controls:

Closed Mixing and Loading System for Liquid Formulations Packaged with Built in Probes Engineering Controls:

" Mixers and loaders must use a closed system that meets the requirements listed in the Worker Protection Standard ( WPS) for agricultural pesticides [ 40 CFR 170.240( d)( 4)] for dermal protection,

and must:

 wear the personal protective equipment required in the PPE section of this labeling for mixers and loaders,

 wear protective eyewear, if the system operates under pressure, and  chemical resistant footwear must be provided and be immediately available for use in an emergency,

such as a broken package, spill, or equipment breakdown." Precautionary Statements: Hazards to Humans and Domestic Animals ( Immediately following PPE and User Safety Requirements.)

Engineering Controls:

Closed Mixing and Loading System for All Other Liquid Formulations Not Packaged with Built in Probes Engineering Controls:

" Mixers and loaders must either:

( 1) use a closed system that meets the requirements listed in the Worker Protection Standard ( WPS) for dermal protection of agricultural pesticides [ 40 CFR 170.240( d)( 4)],

 OR  Precautionary Statements: Hazards to Humans and Domestic Animals ( Immediately following PPE and User Safety Requirements.) Page 5 of 10 Description Required Labeling Language Placement on Label ( 2) use the probe system described below. Probe System Specific requirements for use of the probe closed mixing/ loading system:

> Remove plug from bung of drum containing this product only when drum is sitting on the ground or on a secure level platform, with the bung end of the drum pointed up.

> Do not pour this product from its drum.

> Transfer product from the drum to the mixing tank by use of a suction hose connected at one end to the suction pump on the mixing tank and connected at the other end to a probe ( dip tube) that is inserted through the bung opening into the drum.

> Do not handle the probe or bung in a manner that allows dripping or splattering of the product onto yourself or any other person.

> Do not touch the portion of the probe that has been in contact with this product until after the probe has been triple rinsed with water.

> If all of the product is removed from the drum, then triple rinse the probe while it remains inside the drum. Un rinsed Probes > If an un rinsed probe must be removed from the drum, then use an anti drip flange, and immediately transfer the probe into a container of rinse water. The anti drip flange must be designed to remove excess propanil product from the probe as it is extracted from the drum.

> Take the following steps if the probe must be disconnected from the suction hose before both the probe and the hose have been triple rinsed:

B equip the probe end of the hose with a shut off valve,

B install a dry break coupling between the value and the probe,

B close the shut off valve before disconnecting the probe.

All Transfer Systems In addition, mixers and loaders using all systems must:

 wear the personal protective equipment required in the PPE section of this labeling for mixers and loaders ,

 wear protective eyewear, if the system operates under pressure, and  when using a system that meets the requirements in the WPS as a closed system or using a probe system when the probe is not removed, chemical resistant footwear must be provided, be immediately available, and be used in an emergency, such as a broken package, spill, or equipment breakdown. Page 6 of 10 Description Required Labeling Language Placement on Label All systems must be capable of removing the pesticide from the shipping container and transferring it into mixing tanks and/ or application equipment. At any disconnect point, the system must be equipped with a dry disconnect or dry couple shut off device that is warranted by the manufacturer to minimize drippage." 3 Engineering Controls:

Water Soluble Packaging for Dry Flowable Formulations Packaged before December 1, 2007 [ Note: Dry Flowables must be packaged in water soluble packages after December 1,

2007, unless the Agency has changed the dry flowable mitigation based on submitted data.] Engineering Controls:

" When handlers use closed systems in a manner that meet the requirements listed in the Worker Protection Standard ( WPS) for agricultural pesticides ( 40 CFR 170.240( d)( 4 6), the handler PPE requirements may be reduced or modified as specified in the WPS. Water soluble packets when used correctly qualify as a closed mixing/ loading system under the WPS." Precautionary Statements: Hazards to Humans and Domestic Animals ( Immediately following PPE and User Safety Requirements.)

Engineering Controls:

Water Soluble Packaging for Dry Flowable Formulations Packaged after December 1,

2007 [ Note: Dry Flowables must be packaged in water soluble packages after December 1,

2007, unless the Agency has changed the dry flowable mitigation based on submitted data.] Engineering Controls:

" Water soluble packets when used correctly qualify as a closed mixing/ loading system under the Worker Protection Standard for Agricultural Pesticides [ 40 CFR 170.240( d)( 4)]. Mixers and loaders using water soluble packets must :

 wear the personal protective equipment required in the PPE section of this labeling for mixers and loaders, and  be provided and must have chemical resistant footwear immediately available for use in an emergency, such as a broken package, spill, or equipment breakdown." Precautionary Statements: Hazards to Humans and Domestic Animals ( Immediately following PPE and User Safety Requirements.)

Engineering Controls for all Engineering Controls: Precautionary Page 7 of 10 Description Required Labeling Language Placement on Label formulations: Flaggers " Human flagging is prohibited. Flagging to support aerial application is limited to use of the Global Positioning System ( GPS) or mechanical flaggers.@ Statements: Hazards to Humans and Domestic Animals ( Immediately following PPE and User Safety Requirements.)

Engineering Controls for all formulations: Enclosed Cabs for Aerial Applicators Engineering Controls:

" Pilots must use an enclosed cockpit that meets the requirements listed in the Worker Protection Standard ( WPS) for agricultural pesticides [ 40 CFR 170.240( d)( 6)]." Precautionary Statements: Hazards to Humans and Domestic Animals ( Immediately following PPE and User Safety Requirements.)

User Safety Recommendations AUSER SAFETY RECOMMENDATIONS@

AUsers should wash hands before eating, drinking, chewing gum, using tobacco, or using the toilet.@

AUsers should remove clothing/ PPE immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing.@

AUsers should remove PPE immediately after handling this product. Wash the outside of gloves before removing. As soon as possible, wash thoroughly and change into clean clothing.@ Precautionary Statements under:

Hazards to Humans and Domestic Animals immediately following Engineering Controls ( Must be placed in a box.)

Environmental Hazards Statements Including: Ecological Hazard, Ground Water, and Surface Water Advisories AENVIRONMENTAL HAZARDS@

AThis pesticide is toxic to fish and aquatic invertebrates.@

AThis chemical has properties and characteristics associated with chemicals detected in ground water.

The use of this chemical prior to flooding may result in some shallow ground water contamination due to cracks in subsoil of the rice paddy.@

AThis product may contaminate water through runoff following rainfall events and by seepage through levees. Runoff of this product will be reduced by avoiding applications when rainfall is forecasted to occur within 48 hours. Levees should be constructed with adequate time prior to chemical application so that they are compacted to reduce seepage and to hold a 3 6 inch flood.@ Precautionary Statements under Environmental Hazards Restricted Entry Interval for WPS products as ADo not enter or allow worker entry into treated areas during the restricted entry interval ( REI) of 24 hours.@ Directions for Use,

Agricultural Use Page 8 of 10 Description Required Labeling Language Placement on Label required by Supplement Three of PR Notice 93 7 Requirements Box Early Reentry Personal Protective Equipment for Products subject to WPS as required by Supplement Three of PR Notice 93 7 APPE required for early entry to treated areas that is permitted under the Worker Protection Standard and that involves contact with anything that has been treated, such as soil or water, is:

B coveralls,

B chemical resistant gloves such as or made out of any waterproof material,

B chemical resistant footwear plus socks, and B protective eyewear.@ Directions for Use,

Agricultural Use Requirements Box Application Restrictions Plant Back Interval ADo not plant or transplant crops in the treated area for at least 60 days following an application of this product.@ Directions for Use Use Specific Application Restrictions ( Note: The maximum allowable application rate and maximum allowable seasonal rate must be listed as pounds or gallons of formulated product per acre,

not just as pounds active ingredient per acre.) Rice ADo not apply more than 6 lbs active ingredient per acre per application. Do not apply more than 8 lbs active ingredient per acre per season.@

AApplication to fields where catfish farming is practiced and draining water from fields into areas where catfish farming is practiced is prohibited."

" Water drained from treated rice fields must not be used to irrigate other crops or released within 2 mile upstream of a potable water intake in flowing water ( e. g., river, stream, etc.) or within 2 mile of a potable water intake in a standing body of water, such as a lake, pond, or reservoir.@ Directions for Use under General Precautions and Restrictions and/ or Application Instructions Spray Drift Label Language ASPRAY DRIFT MANAGEMENT@

AAvoiding spray drift at the application site is the responsibility of the applicator and the grower. The interactions of many equipment and weather related factors determine the potential for spray drift. The applicator and the grower are responsible for considering all these factors when making decisions.@

AApply only when the wind speed is less than or equal to 10 mph at the application site.@

AApply as a medium or coarser spray ( ASAE standard 572).@ Directions for Use under General Precautions and Restrictions Page 9 of 10 Description Required Labeling Language Placement on Label AAdditional requirements for ground applications:@

AApply using a nozzle height of no more than 4 feet above the ground or crop canopy.@

AAdditional requirements for aerial applications:@

ADo not apply by air if drift can occur to sensitive nontarget crops or plants that are within 100 feet of the application site.@ 2 ADo not release spray at a height greater than 10 feet above the ground or crop canopy.@

AThe boom length must not exceed 75% of the wingspan or 90% of the rotor blade diameter.@

ADo not make any type of application into temperature inversions.@

AWhen applications are made with a cross wind, the swath will be displaced downwind. The applicator must compensate for this displacement at the downwind edge of the application area by adjusting the path of the aircraft upwind.@

Other Use/ Application Restrictions AEMERGENCY RELEASE PROVISION@

" Water holding ( discharge) intervals for flood water following propanil application in all states:"

AFor delayed flood ( water seeded) rice grown south of Interstate highway 10 from the Texas/ Louisiana border to Houston and east of State Highway 35 from Houston to Port Lavaca  Flood water must be held for 10 days after application, unless excessive rainfall completely submerges the rice crop and forces premature release. For Texas rice grown in areas north or west of these boundaries, the water holding interval will be 7 days.

For delayed flood ( water seeded) rice in Southern Louisiana south of Highway 14  Flood water must be held for 15 days after propanil application unless excessive rainfall completely submerges the rice crop and forces premature release. Delayed flood ( water seeded) rice in Louisiana, north of the Highway 14 boundary, is subject to the 7 day water holding interval provisions.

For rice in California and all other parts of the US not mentioned above  Flood water must be held for Directions for Use under General Precautions and Restrictions and/ or Application Instructions Page 10 of 10 Description Required Labeling Language Placement on Label 7 days after application, unless excessive rainfall completely submerges the rice crop and forces premature release.@

1 PPE that is established on the basis of Acute Toxicity of the end use product must be compared to the active ingredient PPE in this document. The more protective PPE must be placed in the product labeling. For guidance on which PPE is considered more protective, see PR Notice 93 7.

2 This statement was derived from existing label language and initial comments received from the Propanil Task Force II and grower groups.

3 This statement was created with help from the Propanil Task Force II and grower groups.


[Federal Register Volume 83, Number 144 (Thursday, July 26, 2018)]
[Notices]
[Pages 35471-35472]
[FR Doc No: 2018-16001]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-OW-2018-0270; FRL-9981-35-OW]

Announcement of the Per- and Polyfluoroalkyl Substances (PFAS)
Colorado Community Engagement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of an event.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) will host a Per- and
Polyfluoroalkyl Substances (PFAS) community engagement in Colorado
Springs, Colorado. The goal of the event is to allow the EPA to hear
directly from Colorado communities to understand ways the Agency can
best support the work that is being done at the state, local, and
tribal level. For more information on the event, visit the EPA's PFAS
website: https://www.epa.gov/pfas/pfas-community-engagement. During the
recent PFAS National Leadership Summit, the EPA announced plans to
visit communities to hear directly from those impacted by PFAS. These
engagements are the next step in the EPA's commitment to address
challenges with PFAS. The EPA anticipates that the community
engagements will provide valuable insight for the Agency's efforts
moving forward. For more information, go to the SUPPLEMENTARY
INFORMATION section of this notice.

DATES: The event will be held on August 7 and 8, 2018. Registration for
speaking at the event will begin at 2:30 p.m., mountain time, on August
7, followed by presentations from federal, state, and local
organizations beginning at 4:00 p.m., and a public listening session
beginning at 5:45 p.m. A working session will be held on August 8 from
9:45 a.m. to noon, with doors opening at 9:00 a.m., mountain time.

ADDRESSES: The event will be held at the Hotel Elegant[eacute], 2886 S
Circle Drive, Colorado Springs, Colorado 80906. If you are unable to
attend the Colorado Community Engagement event, you will be able to
submit comments at http://www.regulations.gov: Enter Docket ID No. EPA-
OW-2018-0270. Citizens, including those that attend and provide oral
statements, are encouraged to send written statements to the public
docket. Follow the online instructions for submitting comments. Once
submitted, comments cannot be edited or withdrawn. The EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Lisa Kahn, USEPA Region 8, 1595
Wynkoop Street (Mail Code 8WP-SDA), Denver, CO 80202-1129; telephone
number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION:
    Details About Participating in the Event: The public is invited to
speak during the August 7 listening session. Those interested in
speaking can sign up for a 3-minute speaking slot on the EPA's website
at https://www.epa.gov/pfas/pfas-community-engagement. Please check
this website for event materials as they become available, including a
full agenda, leading up to the event.
    The PFAS National Leadership Summit: On May 22-23, 2018, the EPA
hosted the PFAS National Leadership Summit. During the summit,
participants worked together to share information on ongoing efforts to
characterize risks from PFAS, develop monitoring and treatment/cleanup
techniques, identify specific near-term actions (beyond those already
underway) that are needed to address challenges currently facing states
and local communities, and develop risk

communication strategies that will help communities to address public
concerns regarding PFAS.
    The EPA wants to assure the public that their input is valuable and
meaningful. Using information from the National Leadership Summit,
public docket, and community engagements, the EPA plans to develop a
PFAS Management Plan for release later this year. A summary of the
Colorado Community Engagement will be made available to the public
following the event on the EPA's PFAS Community Engagement website at:
https://www.epa.gov/pfas/pfas-community-engagement.

    Dated: July 20, 2018.
Peter Grevatt,
Director, Office of Ground Water and Drinking Water.
[FR Doc. 2018-16001 Filed 7-25-18; 8:45 am]
BILLING CODE 6560-50-P


                           RESTRICTED USE PESTICIDE
                     DUE TO HAZARD TO NONTARGET ORGANISMS
For retail sale to and use only by Certified Applicators or persons under their direct supervision and only for those uses covered by the Certified Applicator's Certificate.
                                    ROZOL
                               PRAIRIE DOG BAIT

          Active Ingredient: chlorophacinone . . . . . . . . . 0.005%
    Inert Ingredients . . . . . . . .  . . . . . . . . . . . . .   99.995%
  Total  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.000%

    EPA Reg. No. 7173-286                           EPA Est. No. 7173-WI-1

                         KEEP OUT OF REACH OF CHILDREN
       CAUTION: See side panel for additional precautionary statements.

                               (Liphatech Logo)
                                Liphatech, Inc.
                              3600 W. Elm Street
                              Milwaukee, WI 53209
<PHONE_NUMBER>

                     Net Weight: 1 pound up to 2000 pounds

Side Panel:
                           PRECAUTIONARY STATEMENTS
                     Hazard to Humans and Domestic Animals
CAUTION: Harmful if swallowed or absorbed through the skin because it may reduce the clotting ability of blood and cause bleeding.  Keep away from children, domestic animals and pets.  Do not get in eyes on skin or on clothing.  All handlers (including applicators) must wear shoes plus socks, and gloves.  Any person who retrieves carcasses or unused bait following application of this product must wear gloves.
USER SAFETY REQUIREMENTS: Follow manufacturer's instructions for cleaning/maintaining PPE.  If no such instructions for washables, use detergent and hot water.  Keep and wash PPE separately from other laundry.  Remove PPE immediately after handling this product.  Wash the outside of gloves before removing.  As soon as possible, wash hands thoroughly after applying bait and before eating, drinking, chewing gum, using tobacco or using the toilet and change into clean clothing.
FIRST AID: Have label when obtaining treatment advice.
If swallowed:  Call a poison control center or doctor immediately for treatment advice.  Have person sip a glass of water if able to swallow.  Do not induce vomiting unless told to do so by the poison control center or doctor.
If on skin: Take off contaminated clothing.  Rinse skin with plenty of cool water for 15-20 minutes.  Call a poison control center or doctor for treatment advice.
TREATMENT FOR PET POISONING: If animal eats bait, call veterinarian at once.
NOTE TO PHYSICIAN OR VETERINARIAN: Contains chlorophacinone, an anticoagulant.  If swallowed, this material may reduce the clotting ability of the blood and cause bleeding.  For humans or dogs that have ingested this product and/or have obvious poisoning symptoms (bleeding or prolonged prothrombin times), give Vitamin K1 intramuscularly or orally.
ENVIRONMENTAL HAZARDS:  This product is toxic to fish and wildlife.  Dogs and other predatory and scavenging mammals and birds might be poisoned if they feed upon animals that have eaten this bait.  Do not apply directly to water, or to areas where surface water is present.  Do not contaminate water by cleaning of equipment or disposal of wastes.  Runoff also may be hazardous to aquatic organisms in water adjacent to treated areas.

STORAGE AND DISPOSAL: Do not contaminate water, food or feed by storage or disposal.
Pesticide Storage: Store in original container in a cool, dry place inaccessible to children and pets.
Pesticide Disposal: Wastes resulting from the use of this product may be disposed of in trash or at an approved waste disposal facility.
Container Handling:  Nonrefillable container. Do not reuse or refill this container.  [Plastic:]  Completely empty container, then offer for recycling or reconditioning; or puncture and dispose of in a sanitary landfill.  [Paper:]  Completely empty container, then dispose of empty container in trash or at an approved waste disposal facility.

WARRANTY:  To the extent consistent with applicable law, seller makes no warranty, expressed or implied, concerning use of this product other than indicated on the label. Buyer assumes all risk of use and/or handling of product when such use and/or handling is contrary to label instructions.

                              DIRECTIONS FOR USE
It is a violation of Federal law to use this product in a manner inconsistent with its labeling.
READ THIS LABEL and follow all use directions and precautions.  Only use for sites, pests, and application methods specified on this label.
IMPORTANT:  Do not expose children, pets, or other nontarget animals to rodenticides.  To help prevent accidents:
1.  Store product not in use in a location out of reach of children and pets.
2.  Dispose of product container, unused, spoiled and unconsumed bait as specified on this label.
Use restrictions:  This product may only be used as follows:
1.  Sites/Pests:  Black-Tailed Prairie Dogs (Cynomys ludovicianus) on rangeland and adjacent noncrop areas.
2.  States:  Colorado, Kansas, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas and Wyoming.
3.  Application Method:  Hand application of bait, at least 6 inches down prairie dog burrows.  This product may only be used in underground applications.  Do not apply bait on or above ground level.  Treat only active burrows.
4.  Treatment Period: Apply between October 1 and March 15 of the following year, when animals will most readily take the grain bait.
5.  Non-Applicators:  Do not allow children, pets, domestic animals or persons not involved in the application to be in the area where the product is being applied.
6.  Grazing Restriction:  Do not allow livestock to graze in treated areas for 14 days after treatment and when no bait is found above ground.
7. In each treatment area, only one anticoagulant rodenticide active ingredient (chlorophacinone or diphacinone) may be used per treatment period.
Endangered Species: It is a Federal offense to use any pesticide in a manner that results in the death of an endangered species.  Use of this product may pose a hazard to endangered or threatened species.  When using this product, you must follow the measures contained in the Endangered Species Protection Bulletin for the county in which you are applying the product. To obtain Bulletins, no more than six months before using this product, consult http://www.epa.gov/espp/ or call 1-800-447-3813. You must use the Bulletin valid for the month in which you will apply the product.
Site Assessment:  Before applying this product, identify active prairie dog burrows by visual observation.  The openings of active burrows will generally be free of leaves, seeds, other debris or spider webs, and will show freshly turned earth, and have prairie dog feces nearby.
Application:  Apply 1/4 cup (53 grams or nearly 2 ounces) of bait at least 6 inches down active prairie dog burrows.  Make sure no bait is left on the soil surface at the time of application.  Applicator must retrieve and dispose of any bait that is spilled above ground or placed less than 6 inches down the burrow entrance.
Follow-up:  Prairie dogs that have eaten this bait will begin to die off 4 to 5 days after they eat a lethal amount.  The applicator must return to the site within 4 days after bait application, and at 1 to 2 day intervals, to collect and properly dispose of any bait or dead or dying prairie dogs found on the surface.  Carcass searches must be performed using a line-transect method that completely covers the baited area. Transect center lines must be not more than 200 feet (about 60 meters) apart, and should be considerably less if searches are conducted in more densely vegetated sites. Transect lines may be traveled on foot or by vehicle at a rate not to exceed 4 mph. All dead or dying non-target animals must be reported to the National Pesticide Information Center 1-800-858-7378 as soon as possible. Any apparently injured or sick Federally listed species must also be immediately reported by calling<PHONE_NUMBER> (if located in Kansas, Nebraska, the Dakotas, Montana, Colorado or Wyoming) or<PHONE_NUMBER> (if located in Texas, New Mexico or Oklahoma). The Black-footed Ferret Coordinator must also be contacted if ferrets are found during Rozol Prairie Dog Bait applications or carcass searches at<PHONE_NUMBER> x224.  If live black footed ferrets are found outside reintroduction sites, before, during or after Rozol Prairie Dog Bait application, the Black-footed Ferret Coordinator must be contacted immediately and sufficient time must be allowed for the FWS to capture and relocate the black-footed ferret(s) before Rozol Prairie Dog Bait application.
All carcasses found above ground must be collected and disposed of properly.  Continue to collect and dispose of dead or dying prairie dogs and search for non-target animals for at least two weeks, but longer if carcasses are still being found at that time.  Carcass collection should occur in late afternoon, near sundown, to reduce the potential of nocturnal animals finding carcasses and dying animals.  Bury carcasses on site in holes dug at least 18 inches deep or in inactive burrows (no longer being used by prairie dogs or other species) to avoid non-target animal scavenging. Burial includes covering and packing the hole or burrow with soil.  If burial is not practical (due to frozen ground, etc.) and other disposal methods are allowed by state and local authorities, collected carcasses may be disposed of by other methods to insure that the carcasses are inaccessible to scavengers.
Reapplication:  If prairie dog activity persists several weeks or months after the bait was applied, a second application may be made, by treating burrows in the same manner, time period and procedure as the first application.  Follow all application, site assessment and follow-up directions and use restrictions as found above.


[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Notices]
[Pages 20268-20274]
[FR Doc No: 2020-07602]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2020-0026; FRL-10007-06-OW]

Notice of Recent Specifications Review and Request for
Information on WaterSense Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for information.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is announcing the
completion of the review of WaterSense product performance criteria as
required under the America's Water Infrastructure Act (AWIA) of 2018.
The AWIA required the EPA to consider for review and revision, if
necessary, specifications which were released prior to 2012. The EPA
has completed its review and made the decision not to revise any
specifications. A summary of the review and findings are included in
this document. Additionally, this document announces that the EPA is
seeking input and requesting information on any data, surveys, or
studies to help assess consumer satisfaction with WaterSense labeled
products, which could inform future product specification development.
The EPA is also seeking input on how to design a study or studies to
inform future reviews that incorporate customer satisfaction
considerations. The results of these studies could inform future Agency
action when developing criteria for labeling products in the WaterSense
program. The EPA is also requesting input on whether it should include
consumer satisfaction criteria into the WaterSense program guidelines
and, if included, what criteria should be considered and how.

DATES: Comments on these items must be received on or before June 9,
2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2020-0026, by the following method:
     Federal eRulemaking Portal: https://www.regulations.gov/.
Follow the online instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
No. for this notification. Comments received may be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``How do I
submit written comments?'' heading of the SUPPLEMENTARY INFORMATION
section of this document.

FOR FURTHER INFORMATION CONTACT:  For additional information, please
contact Stephanie Tanner, Office of Water (mail code 4204M),
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW,
Washington, DC, 20460; telephone number:<PHONE_NUMBER>; or email:
<EMAIL_ADDRESS>(preferred). Also see the following website
for additional information on this topic: https://www.epa.gov/watersense/product-specification-review.

SUPPLEMENTARY INFORMATION:

I. How do I submit written comments?

    Submit your comments, identified by Docket ID No. EPA-HQ-OW-2020-
0026, at https://www.regulations.gov/. Once submitted, comments cannot
be edited or removed from the docket. The EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. Background

    The Energy Policy Act (EPAct) of 1992 amended the Energy Policy and
Conservation Act by, among other things, establishing mandatory minimum
water use standards for plumbing products, with compliance required
beginning in 1994. The EPAct mandated a maximum flush volume of 1.6
gallons per flush (gpf) for toilets, 2.2 gallons per minute (gpm) flow
rate for faucets, and a 2.5 gpm flow rate for showerheads. The
Department of Energy (DOE) issued regulations implementing those
statutory standards. The first toilets and showerheads that met these
standards in the mid-1990s did not perform well because they had not
been redesigned to use less water.
    In the early 2000's, a stakeholder group of about 100 cities, water
utilities, non-governmental organizations, and manufacturers of water-
using products approached the EPA to ask for assistance in bringing
order and credibility to the marketplace for water-efficient products.
Several utilities were working to develop their own performance test
methods for products, but each individual utility had different tests
and different lists of approved products. Manufacturers noted that it
was difficult and expensive to make products that met different
requirements. Stakeholders expressed a wish for an ``ENERGY STAR''-like
program for water-using products that would be both voluntary and non-
regulatory. The EPA responded by launching the WaterSense program in
2006.
    WaterSense is a voluntary partnership program sponsored by the EPA
which was initially launched in 2006 as an initiative to educate
American consumers on making smart water choices that save money and
maintain high performance standards. The WaterSense label makes it
easier for consumers to identify water-efficient products, new homes,
and programs that meet the EPA's criteria for efficiency and
performance. WaterSense-labeled products and services are independently
certified to use at least 20 percent less water, save energy, and
perform as well as or better than standard models. WaterSense partners
with manufacturers, retailers and distributors, homebuilders,
irrigation professionals, and utilities to encourage innovation in
manufacturing and support jobs for American workers.
    To date, the program has specifications for the seven products
identified in the table below. Criteria for the specifications have
also been adopted into voluntary consensus reference standards. Several
of the products are also covered by mandatory federal DOE plumbing
standards, as described in the table. More than 30,000 models of
products have been certified to the WaterSense label and nearly 500
million products have been shipped, according to reporting by
WaterSense manufacturer partners.

----------------------------------------------------------------------------------------------------------------
                                         Initial release date
            Specification               (current version with     Reference standards         Covered by DOE
                                            release date)                                      regulation?
----------------------------------------------------------------------------------------------------------------
WaterSense Specification for Tank-     January 24, 2007.......  American Society of      Yes.
 Type Toilets.                         (Version 1.2, June 2,     Mechanical Engineers
                                        2014).                   (ASME) A112.19.2/
                                                                 Canadian Standards
                                                                 Association (CSA)
                                                                 B45.1.
High-Efficiency Lavatory Faucet        October 1, 2007........  ASME A112.18.1/CSA       Yes.
 Specification.                                                  B125.1.
WaterSense Specification for Flushing  October 8, 2009........  ASME A112.19.2/CSA       Yes.
 Urinals.                                                        B45.1; American
                                                                 Society of Sanitary
                                                                 Engineering (ASSE)
                                                                 1037.
WaterSense Specification for           March 4, 2010..........  ASME A112.18.1/CSA       Yes.
 Showerheads.                          (Version 1.1, July 26,    B125.1.
                                        2018).
WaterSense Specification for Weather-  November 3, 2011.......  Smart Water Application  No.
 Based Irrigation Controllers.                                   Technologies (SWAT)
                                                                 Test Protocol for
                                                                 Climatologically Based
                                                                 Controllers (Draft)
                                                                 with modifications.
WaterSense Specification for           December 17, 2015......  ASME A112.19.2/CSA       Yes.
 Flushometer-Valve Water Closets.                                B45.1 Ceramic Plumbing
                                                                 Fixtures, ASME
                                                                 A112.19.3/CSA B45.4
                                                                 Stainless Steel
                                                                 Plumbing Fixtures, or
                                                                 CSA B45.5/IAPMO Z124
                                                                 Plastic Plumbing
                                                                 Fixtures.
WaterSense Specification for Spray     September 21, 2017.....  ASABE/ICC 802-2014,      No.
 Sprinkler Bodies.                                               Sprinkler and Bubbler
                                                                 Design Requirements.
----------------------------------------------------------------------------------------------------------------

III. The American Water Infrastructure Act (AWIA) of 2018 and Review of
Specifications

    The WaterSense program was officially authorized by Congress in
October 2018 under the AWIA (Pub. L. 115-270, Section 4306). The
provisions under section 4306 of AWIA are largely consistent with how
the program has operated since it began. The law requires the program
to periodically review and, if appropriate, revise specifications,
although not more frequently than every six years after adoption or
major revision of performance criteria. The law also required that, not
later than December 31, 2019, the EPA ``consider for review and revise,
if necessary, any WaterSense performance criteria adopted before
January 1, 2012.'' In response to AWIA, the EPA commenced a review of
five WaterSense specifications that were issued prior to January 1,
2012: Tank type toilets, lavatory faucets and accessories, showerheads,
flushing urinals, and weather-based irrigation controllers.
    The EPA initiated its specification review process in December 2018
when it released the WaterSense Notice of Specification Review.\1\ That
notice provided the EPA's initial considerations and criteria for
evaluating whether to revise the relevant specifications. The EPA
considered the following in determining the feasibility in
establishing, or in this case, revising a product specification:
---------------------------------------------------------------------------

    \1\ WaterSense Notice of Specification Review, December 20,
2018. www.epa.gov/sites/production/files/2018-12/documents/ws-notice-of-specification-review.pdf.
---------------------------------------------------------------------------

     Equal or superior product performance compared to
conventional models,
     Potential for significant water savings on a national
level,
     State of technology development--product categories that
rely on a single, proprietary technology will not be eligible for the
label,
     Assurance that the development (or revision) of a
specification will not lead to unintended or negative environmental or
economic impacts,
     Ability to measure and verify water savings and
performance, and
     Cost-effectiveness.
    In the context of the criteria above, the EPA reviewed the scope,
efficiency, and performance criteria within each specification under
consideration for revision to determine if updates may be necessary.
The EPA also reviewed the current product marketplace, including
product shipment data submitted by WaterSense manufacturer partners as
part of annual reporting, to understand the market share of WaterSense
labeled products and learn about technological advancements and
subsequent efficiency and performance improvements that have been made
since each specification's initial release.
    The evaluation considered technical and scientific studies, trends
in product labeling, other specifications (regulatory or voluntary),
and market drivers. WaterSense considered the water savings potential
of changes; as well as potential impacts on product performance, the
larger built system, and public health. WaterSense also sought feedback
on potential scope expansion and/or new product categories for
labeling.
    Throughout 2019, the EPA conducted additional product research and
collected information from program stakeholders related to the current
marketplace for WaterSense labeled products. The EPA also solicited
feedback on potential changes to each specification's scope, water
efficiency criteria, performance criteria, and the marking requirements
of the product package. Through solicitation of public comments \2\ and
a series of public webinars \3\ targeted to specific stakeholder
groups, the EPA collected feedback to help guide its decision-making
with respect to considering specification revisions.
---------------------------------------------------------------------------

    \2\ A compilation of public comments received as part of the
EPA's specification review can be viewed at www.epa.gov/watersense/product-specification-review#Comments.
    \3\ Presentation materials, meeting summaries, and recordings
can be accessed at www.epa.gov/watersense/product-specification-review#webinars.
---------------------------------------------------------------------------

    Comments received and polls conducted during the public webinars
showed a difference of opinion among partner types as to the decisions
the program should make. Based on the public comments submitted,
plumbing manufacturers generally preferred to maintain the current
specification efficiency levels and suggested WaterSense instead focus
on improving stock penetration of existing labeled products.
Promotional partners (e.g., water utilities, units of local government,
non-governmental organizations) generally indicated they were
interested in improved efficiency, but not necessarily at the expense
of product or plumbing system performance. Summaries of the
certification trends and stakeholder input from the informal
stakeholder polls taken during the EPA's specification review public
webinars are available on the WaterSense website at https://www.epa.gov/watersense/product-specification-review.
    Some commenters raised concerns about potential impacts that water
efficiency could have on building

premise plumbing systems, drinking water and wastewater infrastructure,
and water quality. These commenters stated many buildings and
infrastructure systems, including residential home plumbing systems,
within the United States were designed for much higher water demand and
flows. With more efficient plumbing fixtures and appliances available,
and changes in how water is used, there is potential to create flow
conditions within plumbing systems that are different from what they
were designed to accommodate. For example, commenters noted drinking
water has a longer residence time in the plumbing system pipes before
delivery indoors for public use. A reduction to the flow rate may
contribute to conditions (e.g., water aging, temperature, odor) that
are conducive to the growth of opportunistic pathogens (e.g.,
Legionella pneumophila) and other water quality issues. To understand
these issues further, in August 2018 the EPA co-organized a workshop
with the National Institute of Standards and Technology (NIST) and the
Water Research Foundation (WRF) to establish research objectives
related to water use efficiency and water quality in premise plumbing
systems. Participants from the workshop identified research gaps that
are still needed relating to low flow volumes on premise plumbing
systems and its impact on water quality, usage, and efficiency.
    Comments were also received regarding potential impacts on state
laws of further lowering the WaterSense requirements for water
consumption levels for tank-type toilets, lavatory faucets, urinals and
showerheads. For example, at least six states have already adopted
regulations mandating performance requirements consistent with the EPA
WaterSense specifications. The EPA is aware that further revisions to
the criteria to improve water efficiency beyond the current WaterSense
specifications may result in state law and local adoption of
requirements.
    The EPA considered all information provided and comments received
in its specification review as required under AWIA and made the
decision not to make changes to existing specifications. In future
reviews, the EPA will further consider the issues raised in this review
related to system performance, health, and safety. Also, the EPA is
focused on promoting plumbing and infrastructure systems that are built
and managed for both water efficiency and water quality. As such,
WaterSense will be cognizant of these potential unintended consequences
as it considers revisions to any of its product specifications.
    As part of its specification development review process, the EPA
has solicited information from program partners on what updates to
performance criteria or referenced standards WaterSense should consider
incorporating into specifications that would benefit the user
experience and ensure long-term water savings. In future reviews, the
EPA is considering including requests for additional information from
program partners regarding consumer satisfaction and product choice in
the performance specification review of the WaterSense products.
Several commenters advised the EPA to conduct a user satisfaction study
prior to a revision of a performance specification. This action seeks
comment from the broader public in order to address the potential and
method for inclusion of consumer satisfaction when evaluating changes
to the WaterSense product performance criteria. The EPA request for
consumer satisfaction information is discussed further in section V of
this document.

IV. Summary of Information Collected From the WaterSense Specification
Review

    Each product-specific section below includes a summary of the EPA's
findings in the WaterSense specification review process. As noted
above, the EPA has made the determination not to revise any of the
specifications. In the future, should the Agency make the decision to
revise the specification of any WaterSense product, a Notice of Intent
(NOI) would officially initiate the specification revision process. In
the NOI, the EPA would identify potential major and minor revisions it
intends to include in the specification revision. Stakeholders will
have an opportunity to comment on the content of the NOI prior to the
EPA's development of any draft revised specification for each
WaterSense product-specific type. The draft specification would
likewise be made available for public comment prior to final revisions.

(a) Tank-Type Toilets

    The Federal standard for tank-type toilets set a maximum flush
volume of 1.6 gallons per flush (gpf). The EPA released the WaterSense
Specification for Tank-Type Toilets on January 24, 2007, which set a
maximum efficiency level of 1.28 gpf and established criteria to
evaluate performance. The EPA has since completed two minor revisions
to the specification, releasing the latest version (Version 1.2) in
June 2014. To date, manufacturer partners have produced nearly 3,900
WaterSense labeled tank-type toilet models.
    As part of its review of the tank-type toilets specification, the
EPA considered whether to reduce the maximum allowable flush volume
criteria to improve water efficiency beyond what is required in the
current WaterSense specification. The EPA also considered whether to
modify its performance criteria to require that labeled toilets be able
to flush a larger quantity of waste and/or toilet paper.
    While not specifically included as a consideration in the
WaterSense Notice of Specification Review, during the stakeholder
engagement process the EPA received feedback from several utility and
promotional partners expressing concern about the actual water savings
from dual-flush toilets. Under the current specification, dual-flush
toilets must have an effective flush volume not to exceed 1.28 gallons
gpf (4.8 liters per flush [lpf]) and remove at least 350 grams of solid
waste per flush. As a result of the public comments, the EPA also
considered whether to modify or eliminate the effective flush
calculation from the specification.
Findings
    To date, eight states and multiple municipalities throughout the
United States have adopted regulations mandating that tank-type toilets
have a flush volume of 1.28 gpf or less, consistent with the WaterSense
specification. A report commissioned by Plumbing Manufacturers
International (PMI) estimates that the market penetration of WaterSense
labeled tank-type toilet models is only 17 percent of all models
currently installed in the United States.\4\ While many jurisdictions
now require 1.28 gpf toilets, the EPA does not know of any that mandate
toilets to flush below 1.28 gpf. Therefore, the market has not shifted
below the WaterSense water efficiency threshold.
---------------------------------------------------------------------------

    \4\ GMP Research Inc., June 2019. 2019 U.S. WaterSense Market
Penetration. A GMP Research Industry Report commissioned by PMI.
---------------------------------------------------------------------------

    As part of the specification review, the EPA received feedback from
several utility and promotional partners expressing concern over water
savings resulting from dual-flush toilets. Currently, WaterSense
labeled dual-flush toilets may have full-flush volumes of up to 1.6 gpf
(commensurate with a standard toilet) and still meet the effective
flush volume requirement. Commenters indicated that realization of
water savings is based on user behaviors related to activation of the
full- and reduced-flushes and expressed

concern that the effective flush volume ratio of two reduced flushes to
one full flush is not typically employed in real-world applications. As
a result, WaterSense labeled dual-flush tank-type toilets might not
achieve the minimum 20 percent water savings.\5\
---------------------------------------------------------------------------

    \5\ See the WaterSense Plumbing Fixtures Specification Review
Webinar for a summary of dual-flush toilet studies. For tank-type
toilets, ratios of reduced flushes to full flushes ranged from
0.48:1 to 1.7:1.
---------------------------------------------------------------------------

    Comments were also received relating to increasing the quantity of
waste and/or toilet paper beyond the 350 grams of solid waste per flush
required. A comment was made that this may encourage manufactures to
focus on solids and not sufficiently on other attributes like bowl
cleaning and lighter waste removal, which require fluid dynamic design
considerations different from bulk waste removal. According to a
customer satisfaction survey conducted by the Metropolitan Water
District of Southern California in 1999, bowl cleanliness was the
number one reason for double flushing. Increasing the gram requirement
may unduly impact product choice, consumer satisfaction and offset any
savings in water usage.
    Currently, the EPA is funding two studies examining low-flow
plumbing fixtures on water quality: Drexel University, ``Water
Conservation and Water Quality: Understanding the Impacts of New
Technologies and New operational Strategies;'' and Purdue, Michigan
State, and San Jose Universities, ``Right Sizing Tomorrow's Water
Systems for Efficiency, Sustainability, and Public Health.'' These
studies will provide insight on the potential impact of declining
wastewater flows of pollutants and solid concentrations through the
premise plumbing system on blockages, odor, corrosion in pipes, and
subsequently, on water quality and human health. In light of these
ongoing studies, and consideration of the public comments received, the
EPA has made the determination not to make changes to existing
specifications. The EPA would like to more fully evaluate the impacts
of low-flow plumbing fixtures on water quality and public health. The
EPA would consider information from these studies in any future review.
In addition, as discussed below, the EPA would consider available data
gathered from this action on customer satisfaction and the impacts of a
change on consumer product choice in any further review of product
specification.

(b) Lavatory Faucets and Faucet Accessories

    The Federal standard for lavatory faucets set a maximum flow rate
of 2.2 gallons per minute (gpm). The EPA released the High-Efficiency
Lavatory Faucet Specification on October 1, 2007, which set a maximum
flow rate of 1.5 gpm and established criteria to evaluate performance.
WaterSense has not revised the specification since its initial release.
The specification currently establishes criteria for lavatory faucets
and faucet accessories (e.g., flow restrictors, flow regulators,
aerator devices, laminar devices). To date, manufacturers have produced
more than 18,000 WaterSense labeled lavatory faucet and accessory
models.
    As part of its review of the lavatory faucets and accessories
specification, the EPA considered whether to reduce the maximum
allowable flow rate criteria to improve water efficiency beyond the
current WaterSense specification. The EPA also considered whether to
expand the scope of the specification to accommodate other faucet
types, including residential kitchen faucets and metering faucets as
requested by manufacturers over the last several years.
Findings
    To date, five states and multiple municipalities throughout the
United States have adopted regulations mandating that lavatory faucets
have a flow rate of 1.5 gallons per minute (gpm) (5.7 liters per minute
[lpm]) or less, consistent with the WaterSense specification. Further,
unlike tank-type toilets where states have adopted efficiency
regulations at the WaterSense level, some states have established
regulations setting flow rates lower than the WaterSense flow rate
maximum for lavatory faucets. As of July 1, 2016, California requires
lavatory faucets to have a flow rate of 1.2 gpm [4.5 lpm] or less.
Washington and Hawaii subsequently enacted similar efficiency
regulations for lavatory faucets, which take effect in 2021.
    The EPA has not been made aware of any performance issues related
to lavatory faucets flowing at 1.0 or 1.2 gpm. As part of its initial
specification development, the EPA established a minimum flow rate 0.8
gpm [3.0 lpm] at 20 psi to ensure user satisfaction with WaterSense
labeled lavatory faucets and faucet accessories across a range of
potential household water pressures. The EPA needs to further evaluate
available data and information to determine if a different minimum flow
rate is appropriate and if it will meet customer expectations.
    Five states throughout the United States, including California,
have adopted regulations mandating that residential kitchen faucets
have a maximum flow rate of 1.8 gpm [6.8 lpm] or less--nearly 20
percent lower than the current national standard with the option to
have an override that allows the faucet to temporarily flow up to 2.2
gpm [8.3 lpm] for pot filling. Compliant products in California are
listed on the California Modernized Appliance Efficiency Database
System (MAEDBS).
    The EPA would need to evaluate multiple performance considerations
as part of the specification development process for residential
kitchen faucets should this product-type be added to the WaterSense
program. Considerations include, but are not limited to, whether to
incorporate a minimum flow rate and whether to allow a temporary
override for pot filling. Further, as discussed below, a review of
customer satisfaction data and data on the impacts of a change on
consumer product choice would help provide a comprehensive evaluation
of existing product performance for both lavatory and kitchen faucets.
Based on these findings, the EPA has made the determination not to make
changes to existing specifications for lavatory faucets.

(c) Showerheads

    The Federal standard for showerheads sets a maximum flow rate of
2.5 gallons per minute (gpm). The EPA released the WaterSense
Specification for Showerheads on March 4, 2010, which set a maximum
flow rate of 2.0 gpm and established criteria to evaluate performance.
WaterSense completed a minor revision to the specification, releasing
Version 1.1 on July 26, 2018. To date, manufacturers have produced more
than 9,300 WaterSense labeled showerhead models.
    As part of its review of the showerhead specification, the EPA
considered whether to adjust the maximum flow rate criteria to improve
water efficiency beyond the current WaterSense specification. The EPA
also considered how any adjustment to the flow rate could have
unintended consequences to public health and safety without the
corresponding change to the overall infrastructure of the premise
plumbing system.
Findings
    The EPA has observed market changes since the initial publication
of the specification in 2010. To date, five states and multiple
municipalities throughout the United States have

adopted regulations mandating that showerheads have a flow rate of 2.0
gallons per minute (gpm) (7.6 liters per minute [pm]) or less,
consistent with the WaterSense specification. In addition, as of July
1, 2018, California requires showerheads to have a flow rate of 1.8 gpm
[6.8 lpm] or less. Washington and Hawaii have subsequently enacted
similar efficiency regulations for showerheads, which take effect in
2021.
    To date, approximately 63 percent of WaterSense labeled showerheads
(as defined by the American Society of Mechanical Engineers) have a
maximum flow rate of 1.8 gpm or less, and 77 percent of models
certified since 2017 have a maximum flow rate of 1.8 gpm or less.
    In public comments, some manufacturers expressed concern that
reducing the maximum flow rate to 1.8 gpm or less would result in more
consumer complaints. In addition, several stakeholders expressed
caution regarding lowering the flow rate further without consideration
of health and safety impacts, including waterborne opportunistic
pathogens (e.g., Legionella), thermal shock, and scalding. While water
conservation is only one of potentially many factors influencing water
quality in premise plumbing, showers are one of the primary routes of
exposure through which humans could encounter these waterborne
pathogens. The two research studies the EPA is currently funding will
provide more insight on the impacts of water conservation (lowering the
flow rate) on public health.\6\ \7\
---------------------------------------------------------------------------

    \6\ Drexel University, Pennsylvania State University and
University of Colorado at Boulder. ``Water Conservation and Water
Quality: Understanding the Impacts of New Technologies and New
Operational Strategies.'' EPA Grant Number: R836880.
    \7\ Purdue University, Michigan State University, San Jose State
University and Tulane University. ``Right Sizing Tomorrow's Water
Systems for Efficiency, Sustainability, and Public Health.'' EPA
Grant Number: R836890.
---------------------------------------------------------------------------

    In addition, since the initial release of the specification, the
plumbing industry has worked to harmonize the automatic-compensating
mixing valve standard (ASSE 1016/ASME A112.1016/CSA B125.16 Performance
requirements for automatic compensating valves for individual showers
and tub/shower combinations) and the showerhead standard (ASME
A112.18.1/CSA B125.1). This harmonization was completed to address
incompatibilities of these plumbing system components and to ensure
products are marked and packaged consistently to educate consumers and
plumbing professionals on thermal shock and scalding risks. As part of
its specification review, the EPA received comments that thermal shock
and scalding pose a greater risk at lower showerhead flow rates.
However, one water utility stated that thousands of higher-efficiency
(i.e., 1.5 gpm or less) showerheads have been given away by California
energy providers without complaints or reported incidents related to
thermal shock and scalding.
    Based on its findings, the EPA has decided to make no changes to
the product specification. In any future review, as discussed below,
the EPA will consider information from the two ongoing studies and data
on consumer satisfaction.

(d) Flushing Urinals

    The Federal standard for urinals sets a maximum flush volume of 1.0
gallons per flush (gpf). The EPA released the WaterSense Specification
for Flushing Urinals on October 8, 2009, which set a maximum flush
volume of 0.5 gpf and established criteria to evaluate performance.
WaterSense has not revised the specification since its initial release.
To date, manufacturers have produced more than 700 WaterSense labeled
product models--including flush devices, fixtures, and urinal systems
(combinations of urinal flushing devices and fixtures).
    As part of its review of the flushing urinals specification, the
EPA considered whether to adjust the maximum allowable flush volume
criteria to improve water efficiency beyond the current WaterSense
specification, taking into account the potential impact this may have
on the plumbing system and drain line performance. The EPA also
considered whether to expand the scope of the specification to include
either non-water urinals or non-water urinals with a drain-cleansing
action.
Findings
    To date, six states and multiple municipalities throughout the
United States have adopted regulations mandating that urinals have a
flush volume of 0.5 gallons per flush (gpf) (1.9 liters per flush
[lpf]) or less, consistent with the WaterSense specification. As of
January 1, 2016, California requires wall-mounted urinals to have a
flush volume of 0.125 gpf [0.5 lpf] or less, although non-wall mounted
urinals can have a flush volume up to 0.5 gpf. Washington enacted
similar efficiency regulations for urinals, which take effect starting
in 2021.
    A report commissioned by PMI estimates that the market penetration
of WaterSense labeled models is as low as 2 percent of all models
currently installed.\8\
---------------------------------------------------------------------------

    \8\ GMP Research Inc, June 2019. 2019 U.S. WaterSense Market
Penetration. A GMP Research Industry Report commissioned by PMI.
---------------------------------------------------------------------------

    While some states and municipalities have chosen to move forward
with promoting more efficient urinals, several stakeholders, including
water utilities, raised concerns in written comments about the efficacy
and performance of ultra-high-efficiency (i.e., 0.125 gpf) urinals and
non-water urinals, particularly in retrofit applications where a
building's plumbing system was not designed for lower flows. As part of
its specification review, the EPA was not able to identify any new
research that assessed the impacts of flow rate on urinal performance,
although it is aware of one study that is ongoing in Austin, Texas that
intends to evaluate the impacts of flow rate and water quality on
urinal and drain line performance. The study is also looking into the
excessive build-up of struvite, a common reason for drain line
blockages, and the odor associated with low flow and non-water urinals.
The EPA learned during the review that consumer dissatisfaction of
drain line blockages and odor have led to product replacements of low
flow and non-water urinals. More information is needed to understand
the scope of these consumer concerns and if other concerns exist.
    With this specification review, the EPA did not receive sufficient
data or information to suggest that it should incorporate non-water
urinals into the WaterSense urinals specification.
    The EPA has made the determination not to make changes to existing
specifications. The EPA will monitor ongoing research on flushing
urinals and other types of urinals available now or entering the
marketplace. If information becomes available that provides more data
on the efficacy of ultra-high-efficiency (i.e., 0.125 gpf) urinals,
non-water urinals, and non-water urinals with a drain-cleansing action,
the EPA would consider this information in any future review. Further,
as discussed below, a review of customer satisfaction data and data on
the impacts of a change on consumer product choice would help provide a
complete comprehensive evaluation of existing product performance.

(e) Weather-Based Irrigation Controllers

    The EPA released the WaterSense Specification for Weather-Based
Irrigation Controllers on November 3, 2011. There are no Federal
standards for this product category. While the EPA

has not revised this specification since its publication, WaterSense
has issued several technical clarifications in the intervening years to
better define the requirements. The specification applies to stand-
alone controllers, add-on devices, and plug-in devices (collectively
referred to in the specification as controllers) that use weather data
as a basis for scheduling irrigation.
    Weather-based irrigation controllers currently on the market
either: (1) Utilize onsite weather sensors; (2) receive a weather
signal from a local weather station(s); or (3) use both to schedule
irrigation to meet plant needs. To date, manufacturers have produced
nearly 800 WaterSense labeled weather-based irrigation controller
models.
    As part of its review of the weather-based irrigation controller
specification, the EPA considered whether a significant growth in the
market for these products and a shift to cloud-based products would
benefit from a revision to the specification. Specifically, the EPA
considered whether to revise the test method used to determine product
performance. The EPA also considered whether to revise the supplemental
capability requirements and/or product packaging and labeling
requirements.
    The EPA acknowledges that there has been a significant increase in
both the number of brands of weather-based irrigation controllers on
the market, as well as the number of labeled models since the
specification was published in 2011. Further, due to technological
advancements in the industry, there has been a shift to cloud-based
products that make use of smartphones and smart home devices. Many
manufacturers and other stakeholders currently in the marketplace were
not in existence and able to participate in specification development
prior to 2011, so WaterSense aimed to ensure their input was received
during the specification review process. The EPA has evaluated the
specification, as described below, in light of this market growth to
ensure the specification developed in 2011 is still relevant for
products entering the market today.
Findings
    While market growth has been significant since the release of the
specification, WaterSense estimates that less than 10 percent of
existing irrigation systems installed in the United States have a smart
irrigation control technology,\9\ or those that alter irrigation
schedules based on weather or soil moisture data. Because the remaining
90 percent of the market available for transformation will likely move
towards smart irrigation control technology, stakeholders, including
both utilities and manufacturers, were not in favor of revising the
specification.
---------------------------------------------------------------------------

    \9\ Schein, Letschert, Chan, Chen, Dunham, Fuchs, McNeil,
Melody, Stratton, and Williams. 2017. Methodology for the National
Water Savings and Spreadsheet: Indoor Residential and Commercial/
Institutional Products, and Outdoor Residential Products. Lawrence
Berkley National Laboratory. Table A-4. Schein et al. describes the
detailed technical approach to WaterSense's stock accounting
practice for irrigation products using values available as of the
publication date. As it is the EPA's practice to continuously update
its work as data become available, the values referenced here are
for the 2018 analysis, the most recent year available.
---------------------------------------------------------------------------

    The EPA also asked stakeholders during the specification review
process whether the supplemental capability requirements included in
the current version of the specification remained relevant for products
entering the market today. The EPA received no feedback during the
public comment period, stakeholder webinars or targeted outreach
indicating that any of these requirements should be removed. Two
commenters expressed concern over products being able to be easily
switched to or operate in standard mode.
    The EPA has made the determination not to make changes to existing
specifications. The EPA will continue to participate in the American
Society of Agricultural and Biological Engineers (ASABE) X627
Environmentally Responsive Landscape Irrigation Control Systems
standard development process. In addition, as discussed below, the EPA
will consider data received on customer satisfaction and the impact of
a consumer product choice in its review of product performance in any
future review.

V. Request for Information on Consumer Satisfaction

    As the EPA developed the framework for the WaterSense program to
provide opportunities for additional water savings, the WaterSense
program established a goal that labeled products should use at least 20
percent less water than standard products. The program includes
efficiency criteria in its specifications to assess products for water
use. Additionally, the program set a goal that labeled products should
perform as well as or better than regular models and included
performance criteria in its specifications to assess performance.
    WaterSense has included strong performance requirements in its
specifications and used independent organizations to certify that
labelled products meet the EPA criteria. The Agency is seeking to
better understand consumer satisfaction with the performance of
existing labelled products and whether further changes to the
specifications could impact consumer satisfaction. The Agency is also
exploring ways that it could collect additional information on consumer
satisfaction through its own consumer survey or surveys to inform
future decision-making. Understanding consumer satisfaction is
important to the EPA as the Agency seeks to ensure that our performance
criteria review is in fact ensuring that labelled products are meeting
the same standards as products on the market before the WaterSense
label was adopted. This request for information will also help the
program identify performance issues it may be able to correct by
including new, or revising existing, performance criteria in its
product specifications.
    WaterSense has an ongoing dialogue with program partners (described
in Section II of this document) about the program. In order to more
fully assess consumer satisfaction, WaterSense is working with its
program partners to identify any data, surveys, or studies that have
assessed consumer satisfaction with labeled products but recognizes
that additional information may exist. WaterSense does not currently
collect information on the purchase of individual products, but some of
its program partners and other parties may have information to help the
EPA evaluate whether consumers are satisfied with water-efficient
WaterSense labeled products. For example, retail partners or
manufacturers may have information on whether WaterSense labeled
products are returned at a proportionally greater or lower rate than
non-labeled products or other indications of consumer satisfaction.
Water utilities and local governments which provide rebates for
WaterSense labeled products may have information to assess whether
their customers who received rebates are satisfied with their purchase.
However, there may be non-partners who can also provide responsive
information. Specifically, the EPA is requesting information on any
data, surveys, or studies that have assessed consumer satisfaction with
WaterSense labeled or standard products.
    Understanding consumer satisfaction is important to the EPA as the
Agency seeks to ensure that our performance criteria review is in fact
ensuring that labelled products are meeting the performance
expectations of the consumer. With this action, the EPA is

requesting input on ways it could better understand and collect
information on consumer satisfaction with WaterSense labelled products
as the EPA continues to evaluate considerations relating to system
performance, health, and safety. Specifically, the EPA is seeking input
on how it could design a study or studies for use in future reviews
that incorporate customer considerations. For example, we are
interested in input on how we could use a survey or surveys to
determine what type of products consumers would like to see on the
market, the performance attributes that are important to consumer
choice and satisfaction, the range of performance customers are seeking
in those attributes, and what additional features or options related to
efficiency consumers would like to see in WaterSense products. The EPA
is also interested in input on the collection method, frequency, and
source of the information as we seek to balance any burden the
collection would impose on the public with the usefulness the
information would provide the Agency.
    Lastly, the EPA seeks input on whether there are specific consumer
satisfaction considerations, test methods, or additional criteria it
should consider adding to the WaterSense guidelines.

    Dated: April 7, 2020.
Andrew D. Sawyers,
Director, Office of Wastewater Management.
[FR Doc. 2020-07602 Filed 4-9-20; 8:45 am]
 BILLING CODE 6560-50-P