[Federal Register: January 6, 2005 (Volume 70, Number 4)]
[Notices]
[Page 1246-1248]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ja05-47]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0429; FRL-7695-6]
Notice of Receipt of Requests to Cancel Registrations of Certain
Pentacholorophenol Wood Preservative Products, and/or Amend
Registrations to Terminate Certain Uses of Pentachlorophenol 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 receipt of requests by registrants of pesticide products
containing Pentachlorophenol to cancel certain Pentacholorophenol wood
preservative products, and/or amend registrations to terminate certain
uses of Pentachlorophenol products. Two registrants, KMG Chemicals,
Inc. and Vulcan Chemicals, are requesting these actions effective
immediately. KMG Chemicals, Inc., is requesting that registrations for
two of its products, Pentacon 40 and Penwar, be cancelled. Vulcan
Chemicals is requesting amendments to registrations to terminate spray
uses for two of its products (Vulcan GLAZD Penta and Vulcan Premium
Four Pound [PCP-2] Concentrate). KMG Chemicals, Inc. has asked for no
provision for existing stocks. Vulcan Chemicals has asked to be allowed
to sell and distribute existing stocks for a period of 18 months after
the issuance of the cancellation order terminating spray uses of its
products. Both registrants waived the 180-day comment period (i.e., any
comment period in excess of 30 days).
DATES: Comments, identified by docket ID number OPP-2004-0429, must be
received on or before February 7, 2005.Unless a request is withdrawn by
February 7, 2005, the Agency intends to issue cancellation orders
granting these requests to cancel certain products, and/or to amend
registrations to terminate certain uses. The Agency will consider
withdrawal requests postmarked no later than February 7, 2005.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Heather Garvie, Office of Pesticide
Programs (7510C), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-0034;
e-mail address: garvie.heather@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-2004-0429. 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 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.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
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. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
[[Page 1247]]
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPP-2004-0429. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by e-mail to opp-docket@epa.gov,
Attention: Docket ID Number OPP-2004-0429. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2004-0429.
3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
Number OPP-2004-0429. Such deliveries are only accepted during the
docket's normal hours of operation as identified in Unit I.B.1.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful if you provided the name, date, and Federal
Register citation related to your comments.
II. What Action is the Agency Taking?
This notice announces receipt by the Agency of requests from
registrants to voluntarily cancel registrations and/or amend
registrations to terminate certain uses of pentachlorophenol wood
preservative products (see Tables 1 and 2 below.). The Agency received
letters from Vulcan Chemicals, dated September 13, 2004, requesting
that registrations be amended to terminate spray uses for two of it's
products. The Agency also received a letter from Roger C. Jackson,
dated December 14, 2004, on behalf of KMG Chemicals Inc. requesting
voluntary cancellation of two of its wood preservative products,
Pentacon 40 and Penwar. KMG Chemicals, Inc. has asked for no provision
for existing stocks. Vulcan Chemicals has asked to be allowed to sell
and distribute existing stocks for a period of 18 months after the
issuance of the cancellation order terminating spray uses of its
products. Both registrants waived the 180-day comment period (i.e., any
comment period in excess of 30 days).
The following pentachlorophenol product registrations would be
affected by the requests for cancellation:
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Table 1.--Request for Cancellation of Registrations for Wood
Preservative Products
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Registration No. Product name Chemical name
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61483-56 Pentacon 40 Pentachlorophenol
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61483-55 Penwar Pentachlorophenol
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The following pentachlorophenol products would be affected by the
requests to amend registrations to terminate spray uses:
Table 2.--Request for Amendments to Terminate Spray Uses
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Registration No. Product name Chemical name
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5382-36 Vulcan Premium Pentachlorophenol
Four Pound (PCP-
2) Concentrate
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5382-16 Vulcan GLAZD Penta Pentachlorophenol
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Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, the Agency intends to issue cancellation
orders for the products, and for the amendments to registrations to
terminate uses. Users of these pesticides or anyone else desiring the
retention of a 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 in Tables 1 and 2, in sequence by EPA
company number:
Table 3.--Registrants Requesting Amendment of Registrations to Terminate
Certain Uses or Cancellation of Registrations of Pentachlorophenol Wood
Preservative Products
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EPA
Company Company name and address
No.
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61483 KMG Chemicals, Inc., 10611 Harwin Drive,Suite 402, Houston,
Texas 77036-1534
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5382 Vulcan Chemicals, PO Box 385015, Birmingham, Alabama 35259-
5015
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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 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, and provide a 30-day public
comment period. Thereafter, the Administrator may approve such a
request.
IV. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for voluntary
cancellation of a product registration or amendment of a registration
to terminate uses must submit such withdrawal in writing to the person
listed under FOR FURTHER INFORMATION CONTACT, postmarked before
February 7, 2005. This written withdrawal of the request for
cancellation of a product registration 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 maintenance fees due, and to fulfill
any applicable unsatisfied data requirements.
V. Provisions for Disposition of Existing Stocks
The two registrants are KMG Chemicals, Inc., and Vulcan Chemicals.
KMG Chemicals, Inc. has asked for no provision for existing stocks.
Therefore, the Agency is not proposing allowing any sale, distribution
or use of existing stocks in the hands of the registrant on the
effective date of the use termination.
Vulcan Chemicals has asked to be allowed to sell and distribute
existing stocks (those that still bear the spray use on the label) for
a period of 18 months after the issuance of the cancellation order
terminating spray uses of their products, and to allow sufficient time
to implement amended labeling. However, Vulcan Chemicals does not
knowingly sell nor intend to sell at any time in the future, either of
their products for spray uses. According to Vulcan Chemicals, their
customers are not using the products for any treatment other than
pressure-treatment or thermal-treatment.
Existing stocks of any affected product 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 proposed 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.
List of Subjects
Environmental Protection, Pesticides and Pests.
Dated: December 29, 2004.
Jack E. Housenger,
Acting Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 05-261 Filed 1-5-05; 8:45 am]
BILLING CODE 6560-50-S