[Federal Register: September 29, 2003 (Volume 68, Number 188)]
[Notices]
[Page 55952-55954]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se03-65]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-2003-0324; FRL-7329-3]
Notice of Receipt of Requests to Cancel Certain Creosote and Acid
Copper Chromate Wood Preservative Products, and/or to Terminate Certain
Uses of Other Creosote Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
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 receipt of requests by registrants of pesticide products
containing either creosote or acid copper chromate (ACC) to voluntarily
cancel certain pesticide registrations and/or to amend to terminate
certain uses of affected products. Specifically, the five registrants
who are members of the Creosote Council III have requested to cancel
the registrations for their creosote non-pressure treatment end-use
products and/or to amend to terminate all non-pressure treatment uses
of other creosote products. These registrants are requesting that these
voluntary product cancellations and/or use terminations become
effective December 31, 2004. Osmose, Inc., the sole registrant of ACC,
is also requesting to immediately cancel the registration for its
product with no provision for existing stocks. Neither the registrants
of the affected creosote products nor that of the affected ACC product
have requested any existing stocks provision. All registrants waived
the 180-day comment period.
DATES: Unless a request is withdrawn by October 29, 2003, the Agency
intends to issue orders granting these requests to
[[Page 55953]]
cancel certain products, and to amend to terminate certain uses. The
Agency will consider withdrawal requests postmarked no later than
October 29, 2003.
FOR FURTHER INFORMATION CONTACT: Bonaventure A. Akinlosotu,
Antimicrobials Division (7510C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 605-0653; e-mail address: akinlosotu.bonaventure@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-2003-0324. 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 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 receipt by the Agency of requests from
registrants to cancel the registrations of four pesticide products and
to amend to terminate certain uses of seven other pesticide products
(See Tables 1 and 2). In a June 30, 2003 letter, which was received by
the Agency on July 14, 2003, Osmose, Inc. requested voluntary
cancellation of its ACC product. Similarly, in letters dated September
5, 2003, Coopers Creek Chemical Corporation, KMG-Bernuth, Inc.,
Koppers, Inc., Railworks Wood Products, and Rutgers Chemicals AG
requested voluntary cancellation of certain creosote end-use products
and/or amendments to terminate certain creosote end-uses of other
creosote end-use products.
Table 1.--Requests for Cancellation of Products
------------------------------------------------------------------------
Registration No. Product Name Chemical Name
------------------------------------------------------------------------
003008-00060 Osmose ACC 50% Chromic acid,
Wood Preservative Cupric acid
------------------------------------------------------------------------
061468-00005 Coal Tar Creosote Creosote
------------------------------------------------------------------------
073408-00001 Creosote Creosote
------------------------------------------------------------------------
073408-00002 Creosote Solution Creosote
------------------------------------------------------------------------
The following creosote/coal tar creosote product uses would be
affected by the requests for amendments to terminate non-pressure
treatment uses of the products listed in Table 2 below: Home and farm
use, ground line treatment of utility poles, end cuts, piling
applications/repair, pole framing, and railroad tie uses/repair.
Table 2.--Request for Amendments to Terminate Non-Pressure Treatment
Uses
------------------------------------------------------------------------
Registration No. Product Name Chemical Name
------------------------------------------------------------------------
000363-00014 C-4 Brand Black Creosote
Creosote Coal Tar
Solution
------------------------------------------------------------------------
000363-00015 C-4 Brand Creosote
Coopersote
Creosote Oil
------------------------------------------------------------------------
061468-00006 Creosote Creosote
------------------------------------------------------------------------
061470-00001 KMG-B Coal Tar Creosote
Creosote
------------------------------------------------------------------------
061483-0007 Creosote Oil-24CB Coal tar creosote
------------------------------------------------------------------------
061483-0008 Creosote/Coal Tar Coal tar creosote
Solution
------------------------------------------------------------------------
061483-0009 Creosote Oil Coal tar creosote
------------------------------------------------------------------------
[[Page 55954]]
Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, the Agency intends to issue orders
canceling all of these registrations and granting the amendments
affecting the use terminations. Users of these pesticides or anyone
else desiring the retention of a registration or particular use should
contact the applicable registrant directly before the lapse of this 30-
day period.
Table 3 includes the names and addresses of record for all
registrants of the products listed in Tables 1 and 2, in ascending
sequence by EPA company number:
Table 3.--Registrants Requesting Voluntary Cancellation and/or Amendment
to Terminate Uses
------------------------------------------------------------------------
EPA Company No. Company Name and Address
------------------------------------------------------------------------
000363 Coopers Creek Chemical
Corp., 884 River Road, West
Conshohocken, PA 19428-2699
------------------------------------------------------------------------
003008 Osmose Inc., 980 Ellicott
Street, Buffalo, NY 14209-
2398
------------------------------------------------------------------------
061468 Koppers Inc., 436 Seventh
Avenue, Pittsburgh, PA
15219-1800
------------------------------------------------------------------------
061470 Rutgers Chemicals, 10611
Harwin Drive, Suite 402,
Houston, TX 77036-1534
------------------------------------------------------------------------
061483 KMG-Bernuth, Inc., 10611
Harwin Drive, Suite 402,
Houston, TX 77036-1534
------------------------------------------------------------------------
073408 Railworks Wood Products,
2525 Prairieton Road, Terre
Haute, IN 47802
------------------------------------------------------------------------
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 or amended to terminate uses. 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. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for voluntary
cancellation or amendment to terminate uses must submit such withdrawal
in writing to the person listed under FOR FURTHER INFORMATION CONTACT,
postmarked no later than October 29, 2003. This written withdrawal of
the request for cancellation or amendment to terminate uses will apply
only to the applicable FIFRA section 6(f)(1) request listed in this
notice. If the product(s) have been subject to a previous cancellation
or use termination action, the effective date of cancellation and all
other provisions of any earlier cancellation or use termination order
are controlling. The withdrawal request must also include a commitment
to pay any reregistration fees due, and to fulfill any applicable
unsatisfied data requirements.
V. Provisions for Disposition of Existing Stocks
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. Unless the provisions of an earlier order apply,
existing stocks already in the hands of dealers or users can be
distributed, sold, or used legally until they are exhausted, provided
that such further sale and use comply with the EPA-approved label and
labeling of the affected product. Exception to these general rules will
be made in specific cases when more stringent restrictions on sale,
distribution, or use of the products or their ingredients have already
been imposed, as in a Special Review action, or where the Agency has
identified significant potential risk concerns associated with a
particular chemical. This is in accordance with the Agency's statement
of policy as set forth in the Federal Register of June 26, 1991 (56 FR
29362) (FRL-3846-4).
Creosote. The registrants of affected creosote products have
requested that the voluntary product cancellations and/or use
terminations become effective December 31, 2004, with no provision for
existing stocks.
ACC. The effective date of cancellation will be the date of the
cancellation order. Osmose stated in its request that its affected
product (EPA Reg. No. 3008-60) is no longer being manufactured or
distributed by them and that, therefore, there is no need for a time
period for the depletion of existing stocks.
List of Subjects
Environmental protection, Creosote, Acid copper chromate,
Pesticides and pests.
Dated: September 23, 2003.
Frank Sanders
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 03-24560 Filed 9-26-03; 8:45 am]
BILLING CODE 6560-50-S