[Federal Register: September 7, 2005 (Volume 70, Number 172)]
[Notices]
[Page 53178-53180]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se05-56]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0266; FRL-7734-1]
Chromated Copper Arsenate (CCA); Amendment to Terminate a Use
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's cancellation order granting
amendments to terminate uses, voluntarily requested by the
registrant(s) and accepted by the Agency, of products containing the
pesticide Chromated Copper Arsenate (CCA), pursuant to section 6(f)(1)
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. This cancellation order follows a September 8, 2004 Federal
Register Notice of Receipt of Requests (69 FR 54278) from the CCA
registrants to voluntarily amend their affected product registrations
to terminate the use ``members out of water and not subject to salt
water [or brackish water] splash, and not in soil use,'' as currently
stated under American Wood Preservers' Association (AWPA) Standard C18
(Wood for Marine Construction). The registrants requested that these
use terminations become effective December 31, 2004. For further
information, please refer to the CCA guidance document at http://www.epa.gov/pesticides/factsheets/chemicals/
cca--awpa--june.pdf. In
the September 8, 2004 Notice, EPA indicated that it intended to issue a
cancellation order implementing the amendments to terminate the use.
All affected CCA registrants waived the 180-day comment period (i.e.,
any comment period in excess of 30 days). Accordingly, EPA hereby
issues in this notice a cancellation order granting the requested
amendments to terminate the uses. Any distribution, sale, or use of the
CCA products subject to this cancellation order is permitted only in
accordance with the terms of this cancellation order, including any
existing stocks provisions.
DATES: The cancellations are effective September 7, 2005.
FOR FURTHER INFORMATION CONTACT: Rebecca Miller, Antimicrobials
Division (7510C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-0012; fax number: (703) 308-8481; e-
mail address: miller.rebecca@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2004-0266. 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 St., 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
[[Page 53179]]
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 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 issuance of a cancellation order granting
amendments to terminate certain uses on pesticide products containing
CCA that are registered under section 3 of FIFRA. The use terminations
requested by the registrants affect ``members out of water and not
subject to salt water [or brackish water] splash, and not in soil
use,'' as currently stated under American Wood Preservers' Association
(AWPA) Standard C18 (Wood for Marine Construction). The affected
registrations are listed in sequence by registration number in Table 2
of this unit.
Table 1.--Registrants Requesting Voluntary Amendment to Terminate Uses
of Products
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EPA Company No. Company Name and Address
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62190 Arch Wood Protection, Inc.,
1955 Lake Park Drive, Suite
250
Smyrna, GA 30080
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Table 2.--Registrations With Requests for Amendments to Terminate
Certain Uses
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EPA Registration No. Product Name
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End Use Products\1\
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003008-17 K-33-C (72%) Wood
Preservative
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003008-21 Special K-33 Preservative
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003008-34 K-33 (60%) Wood Preservative
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003008-35 K-33 (40%) Type-B Wood
Preservative
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003008-36 K-33-C (50%) Wood
Preservative
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003008-42 K-33-A (50%) Wood
Preservative
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003008-72 Osmose Arsenic Acid 75%
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010465-26 CCA Type-C Wood Preservative
50%
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010465-28 CCA Type-C Wood Preservative
60%
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010465-32 CSI Arsenic Acid 75%
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062190-2 Wolmanac Concentrate 50%
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062190-8 Wolmanac Concentrate 72%
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062190-14 Wolmanac Concentrate 60%
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Manufacturing Use Products
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003008-66 Arsenic Acid 75%
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010465-32 CSI Arsenic Acid 75%
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062190-7 Arsenic Acid 75%
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\1\The September 8, 2004 Federal Register notice mistakenly referenced
these products as ``experimental use permit`` products. This clerical
error did not affect the efficacy of that notice or this action in any
way. That erroneous reference is hereby corrected by this footnote.
III. Summary of Public Comments Received and Agency Response to
Comments
During the public comment period provided, EPA received no comments
in response to the September 8, 2004 Federal Register notice announcing
the Agency's receipt of the requests for voluntary cancellations and/or
amendments to terminate certain uses of CCA.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves, through this
cancellation order, the requested amendments to terminate certain uses
of CCA registrations identified in Table 2 of Unit II. Accordingly, the
Agency orders that the CCA product registrations identified in Table 2
of Unit II. are herby amended to terminate the affected uses.
The affected products must bear the following label language in
order to be in compliance with this order:
Revised Language End Use Product (EUP)
This product may only be used for preservative treatment of the
following categories of forest products and in accordance with the
respective cited standard (noted parenthetically) of the 2001
edition of the American Wood-Preservers' Association (AWPA)
Standards: Lumber and Timber for Salt Water Use Only (C2), Piles
(C3), Poles (C4), Plywood(C9), Wood for Highway Construction (C14),
Round, Half Round and Quarter Round Fence Posts (C16), Poles, Piles
and Posts Used as Structural Members on Farms, and Plywood Used on
Farms (C16), Wood for Marine Construction (C18), Lumber and Plywood
for Permanent Wood Foundations(C22), Round Poles and Posts Used in
Building Construction (C23), Sawn Timber Used To Support Residential
and Commercial Structures (C24), Sawn Crossarms (C25), Structural
Glued Laminated Members and Laminations Before Gluing (C28),
Structural Composite Lumber (C33), and Shakes and Shingles (C34);
and in accordance with the respective cited standard (noted
parenthetically) of the 2002 edition of the American Wood-
Preservers' Association Standards: Lumber, Timbers and Plywood for
Cooling Towers (C30). Forest products treated with this product may
only be sold or distributed for uses within the AWPA Commodity
Standards under which the treatment occurred.
Effective December 31, 2004, this product may only be used for
preservative treatment of the following categories of forest
products and in accordance with the respective cited standard (noted
parenthetically) of the 2001 edition of the American Wood-
Preservers' Association (AWPA) Standards: Lumber and Timber for Salt
Water Use (also includes brackish water) Only (C2), Piles (C3),
Poles (C4), Plywood(C9), Wood for Highway Construction (C14), Round,
Half Round and Quarter Round Fence Posts (C16), Poles, Piles and
Posts Used as Structural Members on Farms, and Plywood Used on Farms
(C16), Wood for Marine Construction for Salt Water Use (also
includes brackish water)(immersion and/or subject to saltwater (or
brackish water) splash [``subject to saltwater (or brackish water)
splash'' means any member of a marine structure which is positioned
above mean high tide, but is subject to frequent wetting from wave
action], [Pilings (sheet, round and square), Timbers, and Plywood;
Walers, Framing, Stringers and Cross Bracing (2" x 8" and/or 3" x 6"
and
[[Page 53180]]
larger nominal dimensions and treated to a minimum of 0.60 pcf)
(C18), Lumber and Plywood for Permanent Wood Foundations (C22),
Round Poles and Posts Used in Building Construction(C23), Sawn
Timber Used To Support Residential and Commercial Structures(C24),
Sawn Crossarms (C25), Structural Glued Laminated Members and
Laminations Before Gluing (C28), Structural Composite Lumber (C33),
and Shakes and Shingles (C34); and in accordance with the respective
cited standard (noted parenthetically) of the 2002 edition of the
American Wood-Preservers' Association Standards: Lumber, Timbers and
Plywood for Cooling Towers (C30). Forest products treated with this
product may only be sold or distributed for uses within the AWPA
Commodity Standards under which the treatment occurred, except where
otherwise provided above.
Revised Language Manufacturing Use Product (MUP)
This product may only be used (1) for formulation of the
following end-use wood preservative products: Ammoniacal copper zinc
arsenate (ACZA) or chromated copper arsenate (CCA) labeled in
accordance with the Directions for Use shown below, or (2) by
persons other than the registrant, in combination with one or more
other products to make: ACZA wood preservative; or CCA wood
preservative that is used in accordance with the Directions for Use
shown below.
This product may only be used for preservative treatment of the
following categories of forest products and in accordance with the
respective cited standard (noted parenthetically) of the 2001
edition of the American Wood-Preservers' Association (AWPA)
Standards: Lumber and Timber for Salt Water Use Only (C2), Piles
(C3), Poles (C4), Plywood(C9), Wood for Highway Construction (C14),
Round, Half Round and Quarter Round Fence Posts (C16), Poles, Piles
and Posts Used as Structural Members on Farms, and Plywood Used on
Farms (C16), Wood for Marine Construction (C18), Lumber and Plywood
for Permanent Wood Foundations(C22), Round Poles and Posts Used in
Building Construction (C23), Sawn Timber Used To Support Residential
and Commercial Structures (C24), Sawn Crossarms (C25), Structural
Glued Laminated Members and Laminations Before Gluing (C28),
Structural Composite Lumber (C33), and Shakes and Shingles (C34);
and in accordance with the respective cited standard (noted
parenthetically) of the 2002 edition of the American Wood-
Preservers' Association Standards: Lumber, Timbers and Plywood for
Cooling Towers (C30). Forest products treated with this product may
only be sold or distributed for uses within the AWPA Commodity
Standards under which the treatment occurred.
Effective December 31, 2004, this product may only be used for
preservative treatment of the following categories of forest
products and in accordance with the respective cited standard (noted
parenthetically) of the 2001 edition of the American Wood-
Preservers' Association (AWPA) Standards: Lumber and Timber for Salt
Water Use (also includes brackish water) Only (C2), Piles (C3),
Poles (C4), Plywood(C9), Wood for Highway Construction (C14), Round,
Half Round and Quarter Round Fence Posts (C16), Poles, Piles and
Posts Used as Structural Members on Farms, and Plywood Used on Farms
(C16), Wood for Marine Construction for Salt Water Use (also
includes brackish water)(immersion and/or subject to saltwater (or
brackish water) splash [``subject to saltwater (or brackish water)
splash'' means any member of a marine structure which is positioned
above mean high tide, but is subject to frequent wetting from wave
action], [Pilings (sheet, round and square), Timbers, and Plywood;
Walers, Framing, Stringers and Cross Bracing (2" x 8" and/or 3" x 6"
and larger nominal dimensions and treated to a minimum of 0.60 pcf)
(C18), Lumber and Plywood for Permanent Wood Foundations (C22),
Round Poles and Posts Used in Building Construction(C23), Sawn
Timber Used To Support Residential and Commercial Structures(C24),
Sawn Crossarms (C25), Structural Glue Laminated Members and
Laminations Before Gluing (C28), Structural Composite Lumber (C33),
and Shakes and Shingles (C34); and in accordance with the respective
cited standard (noted parenthetically) of the 2002 edition of the
American Wood-Preservers' Association Standards: Lumber, Timbers and
Plywood for Cooling Towers (C30). Forest products treated with this
product may only be sold or distributed for uses within the AWPA
Commodity Standards under which the treatment occurred, except where
otherwise provided above.
Furthermore, any distribution, sale, or use of existing stocks of
the products identified in Table 2 of Unit II. in a manner inconsistent
with any of the Provisions for Disposition of Existing Stocks set forth
below in Unit VI. will be considered a violation of FIFRA.
V. 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 one or more 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,
following the public comment period, the Administrator may approve such
a request.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The cancellation order issued in this Notice
includes the following existing stocks provisions.
The registrants of affected CCA products requested that the
voluntary use terminations become effective December 31, 2004, with no
provisions for existing stocks. Consequently, the Agency is not
allowing for any existing stocks provisions for those affected products
in the hands of the registrant on or after the effective date of the
use terminations. Any sale, distribution, or use of those affected
products on or after the effective date of this cancellation order is
prohibited. This refers to CCA product labels that bear the C18 Marine
Use, ``members out of water and not subject to saltwater [or brackish
water] splash and not in soil use,'' and which do not bear labeling
consistent with that set forth in Unit IV. above. Sale, distribution or
use of the stocks in the channels of trade by persons other than the
registrant may continue until depleted, provided any sale, distribution
or use is in accordance with the existing label of that product.
List of Subjects
Environmental protection, Pesticides and pests, Chromated Copper
Arsenate, CCA, and Treated Wood.
Dated: August 25, 2005.
Frank Sanders,
Acting Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 05-17530 Filed 9-6-05; 8:45 am]
BILLING CODE 6560-50-S