[Federal Register: July 11, 2003 (Volume 68, Number 133)]
[Notices]
[Page 41341-41343]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy03-53]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2003-0189; FRL-7310-2]
Diazinon; Notice of Requests to Voluntarily Cancel Certain
Pesticide Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of requests by Drexel Chemical Company and Makhteshim Chemical
Works, Ltd. to voluntarily cancel the registrations for all of their
outdoor non-agricultural manufacturing-use products containing diazinon
and a request by Walla Walla Environmental, Inc. to cancel one of its
outdoor non-agricultural end-use products containing diazinon [O,O-
Diethyl O-(2-isopropyl-6-methyl-4-pyrimidinyl) phosphorothioate]. The
EPA intends to grant these requests by issuing a cancellation order at
the close of the comment period for this announcement, unless the
Agency receives substantive comments within the comment period that
would merit its further review of these requests. It is EPA's intent
that the cancellation of the outdoor non-agricultural manufacturing-use
products will be effective upon issuance of the cancellation order,
after the comment period, and that the cancellation of the outdoor non-
agricultural end-use product will be effective August 31, 2003. The
Agency requests public comment on these voluntary cancellation
requests, and is providing a 30-day comment period.
DATES: Comments on the requested registration cancellations must be
submitted to the address provided below and identified by docket ID
number OPP-2003-0189. Comments must be received on or before August 11,
2003.
FOR FURTHER INFORMATION CONTACT: Stephanie Plummer, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 305-0076; e-mail
address: plummer.stephanie@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general. Although this
action may be of particular interest to persons who produce or use
pesticides, 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 information in this notice, consult the person listed
under FOR FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2003-0189. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The EPA also established two dockets containing documents
in support of the diazinon IRED. They are dockets OPP-34225 and OPP-
2002-0251. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
II. What Action is the Agency Taking?
This notice announces requests made by Drexel Chemical Co. and
Makhteshim Chemical Works, Ltd. to voluntarily cancel registrations for
all of their outdoor non-agricultural manufacturing-use products
containing diazinon and a request by Walla Walla Environmental, Inc. to
cancel one of its outdoor non-agricultural end-use products containing
diazinon. These registrations are listed in sequence by
[[Page 41342]]
registration number in Table 1 of this unit.
A. Background Information
Diazinon is an organophosphorous insecticide and is one of the most
widely used insecticides in the U.S. It is used for outdoor non-
agricultural, as well as agricultural, pest control.
Under the December 5, 2000 MOA between the technical registrants of
diazinon and the EPA, as well as a February 14, 2001 letter from Drexel
Chemical Co., both Makhteshim Chemical Works, Ltd. and Drexel Chemical
Co. requested, under FIFRA section 6(f), that EPA cancel, effective as
of June 30, 2003, the registrations of all diazinon manufacturing-use
products permitting formulation for outdoor non-agricultural use. In a
June 5, 2003 letter, Walla Walla Environmental, Inc. requested, under
FIFRA section 6(f), that EPA cancel, effective August 31, 2003, the
registration of one outdoor non-agricultural end-use product. EPA
intends to grant these requests by issuing a cancellation order at the
close of the comment period for this announcement, unless the Agency
receives substantive comments within the comment period that would
merit its further review of these requests.
The Reregistration Eligibilty Decision (RED) document summarizes
the findings of EPA's reregistration process for individual chemical
cases, and reflects the Agency's decision on risk assessment and risk
management for uses of individual pesticides. Diazinon belongs to a
group of pesticides known as organophosphates (OPs). EPA has issued the
Interim RED assessing the risks of exposure from diazinon.
B. Requests for Voluntary Cancellation
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation. In addition, section 6(f)(1)(C) of FIFRA
requires that EPA provide a 180-day comment period on a request for
voluntary termination of any minor agricultural use before granting the
request, unless (1) the registrants request a waiver of the comment
period, or (2) the Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
Makhteshim Chemical Works, Ltd., Drexel Chemical Co., and Walla Walla
Environmental, Inc. have requested a waiver of the comment period. The
EPA will therefore apply a 30-day comment period.
Table 1.--Registrations with Pending Requests for Cancellation
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Registration No. Product name Chemical name
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11678-62 Diazol Diazinon Diazinon
Technical
Stabilized HG
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11678-64 Diazol Diazinon Diazinon
Stabilized Oil
Concentrate HG
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19713-524 Drexel Diazinon Diazinon
Technical HG
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47332-4 CPF-2D Insecticide Diazinon
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Unless the Agency determines that there are substantive comments
that warrant further review of these requests, an order will be issued
canceling all of these registrations.
Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number:
Table 2.--Registrants Requesting Voluntary Cancellation
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EPA Company No. Company name and address
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11678 Makhteshim Chemical Works, Ltd.
551 Fifth Avenue, Suite 1100
New York, NY 10176
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19713 Drexel Chemical Co., 1700
Channel Avenue P.O. Box 13327
Memphis, TN 38113
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47332 Walla Walla Environmental,
Inc., P.O. Box 1298, Walla
Walla, WA 99362
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III. What is the Agency's Authority for Taking this Action?
Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register. Thereafter, the Administrator may approve such a request.
IV. Provisions for Disposition of Existing Stocks
The Agency intends to issue a cancellation order following
consideration of all comments received during the comment period,
unless the comments warrant further review of this request.
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which have been packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. In a 2000 MOA between the EPA and the technical
registrants of diazinon, the involved parties agreed to the following
existing stocks provisions for outdoor non-agricultural manufacturing-
use and end-use products:
A. Outdoor Non-Agricultural Manufacturing-Use Products
1. Distribution or sale. The distribution or sale of existing
stocks of any outdoor non-agricultural manufacturing-use product
referenced in this Notice (EPA Reg. No. 11678-62, 11678-64, and 19713-
524) will not be lawful after the effective cancellation date, except
for the purposes of export consistent with FIFRA section 17 and proper
disposal in accordance with applicable law.
2. Use for producing other products. The use of existing stocks of
any manufacturing- use product referenced in this Notice for
formulation into any other product labeled for outdoor non-agricultural
use will not be lawful under FIFRA after the effective date of the
cancellation order.
The effective date of the cancellation order is intended to be
immediate for the products listed in Table 1; however, EPA will
consider any comments received within 30 days of publication of this
Notice in the Federal Register prior to canceling the affected
registrations.
B. Outdoor Non-Agricultural End-Use Products
1. Distribution or sale by Registrant. The distribution, sale, or
use of existing stocks by Walla Walla Environmental, Inc. of the end-
use product referenced in this Notice (EPA Reg. No. 47332-4)will not be
lawful under FIFRA after August 31, 2003, except for purposes of
shipping such stocks for export consistent with the requirements of
FIFRA section 17 or proper disposal in accordance with applicable law.
2. Retail and other distribution or sale. The distribution or sale
of existing stocks by persons other than Walla Walla Environmental,
Inc. will be
[[Page 41343]]
prohibited after December 31, 2004, except for purposes of product
recovery pursuant to the 2000 MOA, shipping such stocks for export
consistent with the requirements of FIFRA section 17, or proper
disposal in accordance with applicable law.
3. Use of existing stocks. Use of existing stocks may continue
until stocks are exhausted. Any such use must be in accordance with the
label.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: June 25, 2003.
Richard P. Keigwin, Jr.,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 03-17512 Filed 7-10-03; 8:45 am]
BILLING CODE 6560-50-S