[Federal Register: September 15, 2004 (Volume 69, Number 178)]
[Notices]
[Page 55623-55625]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se04-43]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0250; FRL-7681-2]
Response to Requests to Cancel Certain Creosote Wood Preservative
Products, and/or to Amend to Terminate Certain Uses of Other Creosote
Products
AGENCY: Environmental Protection Agency (EPA)
ACTION: Notice of Cancellations
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SUMMARY: This notice announces that cancellation orders were signed on
August 11, 2004, in response to the use terminations and cancellations
voluntarily requested by the registrants of certain wood preservative
products containing creosote pursuant to section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. EPA
issued final cancellation order letters to the five registrants of
creosote products accepting their voluntary use termination requests/
product cancellation requests to either amend current label language to
delete non-pressure treatment uses of creosote or to cancel the
affected products. Both the use terminations and the product
cancellations are effective December 31, 2004. In addition to stating
the Agency's response to the requests, this notice also addresses the
comments received in response to the Agency's requests for public
comments on the above stated requests.
DATES: The effective date of the voluntary product cancellations and/or
use terminations for the affected creosote products is December 31,
2004.
FOR FURTHER INFORMATION CONTACT: Jacqueline McFarlane, Antimicrobials
Division (7510C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-6416; e-mail address:
Campbell.jackie@epa.gov.
SUPPLEMENTARY INFORMATION: The registrants who are members of the
Creosote Council III requested cancellation of 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 include all uses that are not applied to treated wood
inside of the pressure treatment cylinder, such as thermal treatment,
dipping, brush-on, etc. The Agency agreed to allow registrants to
voluntarily cancel all non-pressure treatment uses of creosote. These
registrants requested that these voluntary product cancellations and/or
use terminations become effective December 31, 2004. All registrants
waived the 180-day comment period (i.e., any comment period in excess
of 30 days). The Agency issued a notice of receipt of the
aforementioned requests along with a solicitation for public comments
(September 29, 2003), followed by another notice on November 26, 2003,
to extend the comment period until December 26, 2003.
This announcement consists of five parts. The first part contains
general information. The second part addresses public comments received
during both comment periods. The third part describes action taken by
the Agency. The fourth part describes the Agency's legal authority for
the action announced in this notice. The fifth part addresses existing
stocks provisions.
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-2004-0250. 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,
1801 S. Bell Street, Arlington, VA 22202. 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. Summary of Action, Public Comments Received and Agency Response to
Comments
The Agency issued a notice of receipt of the aforementioned
requests along with a solicitation for public comments
[[Page 55624]]
(September 29, 2003), followed by another notice on November 26, 2003,
to extend the comment period until December 26, 2003. Nine comments
were submitted by members of the wood preservative industry, attorneys
for various stakeholders, potential registrants, associations, and city
officials. No comments, however, were received relating to creosote.
Because these notices included creosote and Acid Copper Chromate (ACC),
seven of the comments received were related to ACC. Because ACC is not
included in this cancellation order, those comments will be addressed
in a later Federal Register notice. Two comments from the same
association (Florida Fruit & Vegetable Association) addressed the
importance of Chromated Copper Arsenate (CCA) as a product used to
treat the stakes for fruiting vegetable crops, particularly tomatoes
(comments seemingly misplaced in response to this notice, which did not
include CCA; additionally, it should be noted that the treating of
these stakes is disallowed under current CCA supplemental guidance).
Therefore, there were no comments received which had to be factored
into this decision.
III. What Action is the Agency Taking?
This notice announces the final issuance of cancellation orders for
creosote registrations/terminations of non-pressure treatment uses. The
Agency hereby cancels the registrations of three pesticide
registrations and amends to terminate certain uses of seven other
pesticide registrations listed below, effective December 31, 2004
(Tables 1 and 2).
Table 1.--Requests for Cancellation of Products
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Registration No. Product name Chemical name
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061468-00005 Coal Tar Creosote Creosote
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073408-00001 Creosote Creosote
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073408-00002 Creosote Solution Creosote
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Table 2.--Request for Amendments to Terminate Non-Pressure Treatment
Uses
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Registration No. Product name Chemical name
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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
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061483-0009 Creosote Oil Coal Tar Creosote
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Amendments to the product labels should be made via notification to
the Agency in accordance with section 3(c)(9) of FIFRA on or before
December 31, 2004, to delete the use directions for the uses subject to
this cancellation order. Labels incorporating these amendments must be
forwarded along with this notification.
Table 3 includes the names and addresses of record for all
registrants of the products in Tables 1 and 2, in sequence by EPA
company number:
Table 3.--Registrants Requesting Voluntary Cancellation and/or Amendment
to Terminate Uses
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EPA Company No. Company name and address
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000363 Coopers Creek Chemical
Corp., 884 River Road, West
Conshohocken, PA 19428-2699
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061468 Koppers Inc., 436 Seventh
Avenue, Pittsburgh, PA
15219-1800
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061470 Rutgers Chemicals, 10611
Harwin Suite 402, Houston,
TX 77036
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061483 KMG-Bernuth, Inc., 10611
Harwin Drive, Suite 402,
Houston, TX 77036-1534
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073408 Railworks Wood Products,
2525 Prairieton Road, Terre
Haute, IN 47802
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IV. 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.
V. Provisions for Disposition of Existing Stocks
The registrants of affected creosote products have requested that
the voluntary product cancellation and/or use terminations become
effective December 31, 2004, with no provisions for existing stocks for
the registrants. Consequently, the Agency is not allowing for any
existing stocks provisions for those products in the hands of the
registrant on the effective date of the cancellation/use termination.
Any sale, distribution, or use by the registrant of these affected
products on or after the effective date of this order is prohibited.
Existing stocks already in the hands of persons other than the
registrant can be distributed, sold, or used legally until they are
exhausted, provided that such further sale and use comply with the EPA-
approved label of the affected product.
For purposes of this order, the term ``existing stocks'' is
defined, pursuant to EPA's existing stocks policy (56 FR 29362, June
26, 1991), as those stocks of a registered pesticide product 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 or amendment. Any distribution, sale or use of existing
stocks in a manner inconsistent with the terms of the cancellation
order or the existing stocks provisions contained in the order will be
considered a violation of section 12(a)(2)(K) and/or section
12(a)(1)(A) of FIFRA.
[[Page 55625]]
List of Subjects
Environmental Protection, Creosote, Pesticides and pests.
Dated: September 8, 2004.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 04-20798 Filed 9-14-04; 8:45 am]
BILLING CODE 6560-50-S