[Federal Register: August 8, 2007 (Volume 72, Number 152)]
[Notices]
[Page 44511-44514]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au07-61]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0061; FRL-8134-7]
Azinphos-methyl; Notice of Receipt of Requests to Terminate Uses
and Voluntarily Cancel 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), EPA is issuing a notice of
receipt of requests by the registrants to amend their registrations to
terminate certain uses of products containing the pesticide azinphos-
methyl (AZM) and to cancel their registrations by September 30, 2012.
The requests would terminate AZM use on Brussels sprouts and nursery
stock not sooner than the later of September 30, 2007 or 90 days from
the date EPA approves draft labeling submitted by the registrants;
terminate AZM use on walnuts, almonds, and pistachios by October 30,
2009; and cancel all AZM products by September 30, 2012. The
cancellation requests would serve to terminate the five uses of AZM
(apples, pears, cherries, blueberries and parsley) remaining in 2012.
The registrants have conditioned these requests on EPA making certain
determinations regarding AZM, including a determination, by not later
than November 11, 2011, regarding the availability of AZM alternatives.
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. 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 acting upon
these requests.
DATES: Comments must be received on or before September 7, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0061, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0061. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material,
[[Page 44512]]
is not placed on the Internet and will be publicly available only in
hard copy form. Publicly available docket materials are available
either in the electronic docket at http://www.regulations.gov, or, if
only available in hard copy, at the OPP Regulatory Public Docket in Rm.
S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Katie Hall, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0166; fax
number: (703) 308-8090; e-mail address: hall.katie@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. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one
complete version of the comment that includes 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.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background on the Receipt of Requests to Cancel and/or Amend
Registrations to Delete Uses
AZM is an organophosphate insecticide that was first registered in
the United States in 1959. It is currently used on apples, blueberries,
cherries, pears, parsley, Brussels sprouts, nursery stock, almonds,
walnuts, and pistachios. On November 16, 2006, EPA issued a
determination that the farm worker and ecological risks of AZM require
the phaseout of all remaining AZM uses by 2012. In conjunction with
that determination, in letters dated November 15, 2006, November 16,
2006, November 17, 2006, and November 24, 2006, Bayer CropScience,
Arysta LifeScience, Makhteshim Agan of North America, Inc., and Gowan
Company, respectively, requested that EPA terminate certain uses in
2007 and 2009 and cancel all affected product registrations in 2012
(identified in Table 1 of this notice), subject to certain terms and
conditions. Specifically they requested the deletion of the Brussels
sprouts and nursery stock uses from their registrations not sooner than
the later of September 30, 2007 or 90 days from the date EPA approves
draft labeling submitted by the registrants; deletion of the walnut,
almond, and pistachio uses not sooner than October 30, 2009; and the
cancellation of all AZM registrations (thereby ending AZM use on
apples, pears, cherries, blueberries, and parsley) not sooner than
September 30, 2012.
Other terms and conditions described in the letters include:
1. A condition that the requests for termination of use and
voluntary cancellation shall not be made effective until EPA conducts
an independent scientific review of a submission from the registrants
requesting reconsideration of EPA's decision to maintain an inter-
species uncertainty factor in its risk assessment of AZM for
agricultural workers; and
2. A condition that the requests for voluntary cancellation of all
AZM products shall not become effective unless
i. EPA holds at least one public meeting to obtain views regarding
the continued need for access to AZM prior to July 1, 2011; and
ii. EPA makes a determination not later than November 1, 2011 for
the remaining uses of AZM whether to conduct a risk-benefit analysis
for AZM prior to the cancellation of these uses.
If the actions described above result in the retention of any AZM
use beyond the stop-use date (as provided in the existing stocks
provisions below and in appendix A of the November 16, 2006 Final
Decisions for the Remaining Uses of Azinphos-methyl), the registrants
may request that product labeling be amended consistent with the terms
of such actions and EPA shall grant any amendment that is consistent
with such actions and the provisions of 40 CFR part 156.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of requests from registrants
to terminate uses and cancel all AZM product registrations. The
affected products and the registrants making the requests are
identified in Tables 1 and 2 of this unit. EPA believes this is the
complete list of all such products; however, the registrants' requests
extend to all AZM products irrespective of whether they are
specifically listed in the tables below.
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled 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
[[Page 44513]]
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.
The AZM registrants have requested that EPA waive the 180-day
comment period. EPA will provide a 30-day comment period on the
proposed requests.
Unless the Agency determines that there are substantive comments
that warrant further review of this request, an order will be issued
amending and canceling the affected registrations.
Table 1.--AZM Product Registrations with Pending Requests for Amendment
and Cancellation
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Registration No. Product name Company
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264-722 Guthion Technical Bayer Crop Science
Insecticide
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264-733 Guthion Solupak Bayer Crop Science
50% Wettable
Powder
Insecticide
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CA800146 Guthion 50% Bayer Crop Science
Wettable Powder
in Water Soluble
Packets
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ID000006 Guthion Solupak Bayer Crop Science
50% Wettable
Powder
Insecticide
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NJ990010 Guthion Solupak Bayer Crop Science
50% Wettable
Powder
Insecticide
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OH020005 Guthion Solupak Bayer Crop Science
50% Wettable
Powder
Insecticide
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OR040020 Guthion Solupak Bayer Crop Science
50% Wettable
Powder
Insecticide
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TX030011 Guthion Solupak Bayer Crop Science
50% Wettable
Powder
Insecticide
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WA000001 Guthion Solupak Bayer Crop Science
50% Wettable
Powder
Insecticide
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WA030025 Guthion Solupak Bayer Crop Science
50% Wettable
Powder
Insecticide
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11678-53 Cotnion-Methyl Makhteshim
Chemical Works
LTD
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66222-11 Cotnion-Methyl Makhteshim Agan of
Azinphos-methyl North America
50W Inc.
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10163-78 Gowan Azinphos-M Gowan Company
50 WSB
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10163-95 Azinphos Methyl Gowan Company
Technical
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66330-233 Azinphos Methyl Arysta Lifescience
50W
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Table 2 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 of this unit.
Table 2.--Registrants Requesting Voluntary Cancellation and/or
Amendments
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EPA Company No. Company name and address
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264 Bayer Crop Science
P.O. Box 12014
2 T.W. Alexander Drive
Research Triangle Park, NC
27709
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11678 Makteshim Chemical Works LTD
c/o Makteshim Agan of North
America
4515 Falls Of Neuse RD STE
300
Raleigh, NC 27609
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66222 Makteshim-Agan of North
Americal
4515 Falls Of Neuse RD STE
300
Raleigh, NC 27609
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10163 Gowan Company
PO Box 5569
Yuma, AZ 85366-5569
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[[Page 44514]]
66330 Arysta Lifescience North
America Corporation
15401 Weston Parkway, Suite
150
Cary, NC 27513
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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 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
For purposes of this notice, EPA considers existing stocks to be
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 these requests for amendments to
terminate uses, the Agency proposes to include the following provisions
for the treatment of any existing stocks of the products identified or
referenced in Table 1. These provisions are consistent with the
requests for use deletions and requests for voluntary cancellations
outlined in Unit II. of this notice:
1. Distribution or sale. i. EPA intends to prohibit distribution or
sale of products bearing the Brussels sprouts and nursery stock uses
not sooner than the later of September 30, 2007 or 90 days from the
date EPA approves draft labeling submitted by the registrants, except
that sale or distribution of products bearing these uses for the
purposes of proper disposal, reformulation, relabeling, or export
consistent with section 17 of FIFRA may continue until such stocks are
depleted.
ii. For products bearing all other uses, EPA intends to prohibit
distribution or sale of such products after September 30, 2012 except
that sale or distribution of such products for the purposes of proper
disposal, reformulation, relabeling, or export consistent with section
17 of FIFRA may continue until such stocks are depleted.
2. Use. EPA intends to prohibit use of the subject products on:
i. Brussels sprouts and nursery stock after September 30, 2007 or
90 days from the date EPA approves draft labeling submitted by the
registrants;
ii. Walnuts, almonds, and pistachios after October 30, 2009; and
iii. All remaining uses (apples, pears, cherries, blueberries and
parsley) after September 30, 2012.
The stop use dates for the uses listed in items ii. and iii. above will
also be reflected on amended product labeling. Any use of existing
stocks must be consistent with the directions for use on product
labeling. If the request for voluntary cancellation and use termination
is granted, the Agency intends to publish the cancellation order in the
Federal Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: July 31, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-15245 Filed 8-7-07; 8:45 am]
BILLING CODE 6560-50-S