[Federal Register: February 16, 2005 (Volume 70, Number 31)]
[Notices]
[Page 7938-7941]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16fe05-41]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0024; FRL-7698-4]
DCPA; Notice of Receipt of Request to Amend to Terminate Uses of
Certain Pesticide Registrations
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 a request by the registrant to amend their
registrations to terminate uses of certain products containing the
pesticide DCPA (or dacthal). The requests would terminate DCPA use in
or on alfalfa, arracacha, artichokes (Chinese and Jerusalem), beans,
bean yam, beets, chestnuts (soil treatment and nursery stock), chufa,
citron melon, cotton,crabapples (soil treatment and nursery stock),
cucumber, edible canna, eggplant, garlic, ginger, kale, leren, peas,
pepper, potatoes, residential uses (turf and ornamentals), squash
(including pumpkin), sweet potatoes, tanier, turnips, walnuts (non-
bearing and nursery stock), and yam. These requests would not terminate
the last DCPA products registered for use in the U.S. EPA intends to
grant these requests 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 the requests.
Upon acceptance of these requests, any sale, distribution, or use of
products listed in this notice will be permitted only if such sale,
distribution, or use is consistent with the terms as described in the
final order.
DATES: Comments, identified by docket ID number OPP-2005-0024, must be
received on or before March 18, 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: Jill Bloom, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8019; fax
number: (703) 308-8041; e-mail address: bloom.jill@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 ID number OPP-2005-0024. The official public docket
consists of the documents specifically referenced
[[Page 7939]]
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 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. Once in the system, select ``Quick
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.
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-2005-0024. 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-2005-0024. 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-2005-0024.
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-2005-0024. Such deliveries are only accepted during the
docket's normal hours of operation as identified in Unit I.B.1.
[[Page 7940]]
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. Background on the Receipt of Requests to Amend Registrations to
Delete Uses
This notice announces receipt by EPA of a request from Amvac to
amend a number of its product registrations in which DCPA is an active
ingredient to terminate certain uses. DCPA is an herbicide used to
control weeds on a large number of sites, including cole crops, onions,
cotton, alfalfa, tomatoes, and turf. Amvac requested termination of a
number of uses in response to concerns about the contamination of
ground water with DCPA and especially its metabolite
tetrachloroterephthalic acid (TPA or di acid) which came to light when
the tolerances for DCPA were being reassessed. Although the Agency was
unable to identify a specific health risk associated with TPA, its
prevalence and widespread detection in ground water were the basis of
discussions with Amvac on the use deletions. The Agency identified a
number of uses which can potentially contribute to ground water
contamination, and Amvac responded with a proposal to delete these same
uses. In a letter dated December 15, 2004, Amvac requested that EPA
amend its DCPA product registrations to terminate the uses identified
in the following list.
Alfalfa
Arracacha
Artichokes (Chinese and Jerusalem)
Beans
Bean yam
Beets
Chestnuts (soil treatment and nursery stock)
Chufa
Citron melon
Cotton
Crabapples (soil treatment and nursery stock)
Cucumber
Edible canna
Eggplant
Garlic
Ginger
Kale
Leren
Peas
Pepper
Potato
Residential turf and ornamentals
Squash (including pumpkin)
Sweet potatoes
Tanier
Turnip
Walnuts (non-bearing and nursery stock)
Yam
Amvac has requested that the use terminations become effective
April 1, 2005, and that it be allowed to sell existing stocks with
labels including the uses proposed for termination until April 1, 2007.
Furthermore, Amvac made its request irrevocable on the condition that
the Agency retain tolerances associated with the terminated uses when
it is likely that there will be indirect or inadvertent residues. Amvac
made the request for retaining tolerances based on the frequency with
which residues are found in unregistered crops due to soil
contamination. Amvac requested that such tolerances be established at
40 CFR 180.185(d). The termination of the subject uses will not
terminate the last DCPA product registration in the United States, or
the last pesticide products registered in the United States for these
uses.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from a registrant
to amend registrations to terminate specific uses of DCPA. The affected
products and the registrant making the request are detailed in Table 1
of this unit.
Table 1.--DCPA Product Registrations with Pending Requests for Amendment
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Company and
Registration No. Product Name Address
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5481-485 90% Dimethyl-T Amvac Chemical
Corporation,4695
MacArthur Court,
Suite
1250,Newport
Beach, CA 92660
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5481-486 Dacthal 1.92F Do.
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5481-487 Dacthal Flowable Do.
Herbicide
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5481-488 Dacthal G-2.5 Do.
Herbicide
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5481-489 Dacthal G-5 Do.
Herbicide
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5481-490 Dacthal W-75 Do.
Herbicide
---------------------------------
5481-491 Dacthal W-75 Do.
---------------------------------
5481-495 Technical Do.
Chlorthal
Dimethyl
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Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled
[[Page 7941]]
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 or use termination. In addition,
section 6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or 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.
Amvac has requested that EPA waive the 180-day comment period. EPA
will provide a 30-day comment period on the proposed request.
Unless the Agency determines that there are substantive comments
that warrant further review of this request, an order will be issued
amending the affected registrations after the close of the comment
period.
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 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.
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 were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action.
In any order issued in response to this request for amendment to
terminate uses, the Agency proposes to include the following provisions
for the treatment of any existing stocks of the products referenced in
Table 1. Amvac will be permitted to sell or distribute existing stocks
of its affected products through April 1, 2007.
If the request for voluntary use termination is granted as
discussed above, the Agency intends to issue a cancellation order that
will allow persons other than the registrant to continue to sell and/or
use existing stocks of products labeled for use on the deleted sites
until such stocks are exhausted, provided that such use is consistent
with the terms of the previously approved labeling on, or that
accompanied, the canceled product. The order will specifically prohibit
any use of existing stocks that is not consistent with such previously
approved labeling. If, as the Agency currently intends, the final
cancellation order contains the existing stocks provision just
described, the order will be sent only to the affected registrants of
the cancelled products. If the Agency determines that the final
cancellation order should contain existing stocks provisions different
than the ones just described, the Agency will publish the cancellation
order in the Federal Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: February 3, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 05-2979 Filed 2-15-05; 8:45 am]
BILLING CODE 6560-50-S