[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Notices]
[Pages 47581-47583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22298]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0321; FRL-8432-7]
Dimethyldithiocarbamate Salts; Notice of Receipt of Requests to
Voluntarily Cancel or 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 requests by the registrants to
voluntarily cancel and/or amend their registrations to terminate uses
of certain products containing the pesticides sodium
dimethyldithiocarbamate and potassium dimethyldithiocarbamate. The
requests would terminate dimethyldithiocarbamate salts use in or on
pressure-treated wood preservatives, sapstain, paints, coatings, and
cutting fluids, and prohibit ``open pour'' applications of one product.
The request(s) would not terminate the last dimethyldithiocarbamate
salts products registered for use in the United States. 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, or
unless the registrants withdraw their requests within this period. 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 must be received on or before March 15, 2010. Written
requests to withdraw the cancellation must be received on or before
March 15, 2010.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0321, 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 Facility'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-
2009-0321. 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 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 at http://www.regulations.gov. 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, 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: Eliza Blair, Antimicrobials Division
(7510P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-7279; e-mail address: [email protected].
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).
[[Page 47582]]
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
This notice announces receipt by EPA of requests from registrants
Buckman Laboratories, Inc. and Akzo Nobel Surface Chemistry LLC to
cancel one sodium dimethyldithiocarbamate use and to amend to terminate
uses of four sodium dimethyldithiocarbamate and potassium
dimethyldithiocarbamate product registrations. Dimethyldithiocarbamate
salts are used as materials preservatives and water antifoulants in a
wide range of water systems, including industrial cooling/air washer
water and oil recovery fluids. In letters dated June 6, 2009 and June
1, 2009, respectively, Buckman and Akzo Nobel requested that EPA cancel
affected product registrations and/or to amend to terminate uses of
pesticide product registrations identified in Tables 1 and 2.
Specifically, a risk assessment performed for the
Dimethyldithiocarbamate Salts RED identified human health and
environmental risks of concern for several current uses, and suggested
data needs that EPA will request in order to support the reregistration
of dimethyldithiocarbamate salts. The registrants then identified
specific uses that they would not support through the data-gathering
process and submitted letters of request to amend/or remove the related
product labels. The uses to be canceled are all wood-preservative uses,
including pressure-treated wood and sapstain, all paints and coatings
preservatives, and one registrant's metalworking fluids uses. One
product with only wood-preservative uses will be canceled. One product
label will be amended to prohibit ``open pour'' application of the
product, and restrict application to ``closed-system'' methods such as
water-soluble packets. The requests would not terminate the last
dimethyldithiocarbamate salts products registered for use in the United
States.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of requests from registrants
to cancel and/or amend to terminate uses of sodium
dimethyldithiocarbamate and potassium dimethyldithiocarbamate product
registrations. The affected products and the registrants making the
requests are identified in Tables 1-3 of this unit.
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 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 dimethyldithiocarbamate salts registrants have not requested
that EPA waive the 180-day comment period. EPA will provide a 180-day
comment period on the proposed requests.
Unless a request is withdrawn by the registrant within 180 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling and/or amending the affected
registrations in the following tables 1 and 2.
Table 1.--Sodium Dimethyldithiocarbamate Product Registration with
Pending Request for Cancellation
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Registration Number Product Name Company
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34688-83 Aquatreat DCD Akzo Nobel Surface
Chemistry LLC
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Table 2.--Dimethyldithiocarbamate Salts Product Registrations with Pending Requests for Amendment
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EPA Registration No. Product Name Active Ingredient Delete from Label
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34688-78 Aquatreat SDM Sodium Sapstain
Dimethyldithiocarbamat
e
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34688-82 Aquatreat DNM-80 Sodium All ``open pour''
Dimethyldithiocarbamat applications in water
e systems - see Sec. II
above
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1448-70 Busan 85 Potassium Paints, coatings and
Dimethyldithiocarbamat cutting fluids
e
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1448-381 Dimet Potassium Paints, coatings and
Dimethyldithiocarbamat cutting fluids
e
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[[Page 47583]]
Table 3 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 and Table 2 of this
unit.
Table 3.--Registrants Requesting Voluntary Cancellation and/or
Amendments
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EPA Company Number Company Name and Address
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34688..................................... Akzo Nobel Surface Chemistry
LLC
7140 Heritage Village Plaza
Gainesville, VA 20136
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1448...................................... Buckman Laboratories Inc.
1256 North McLean Blvd
Memphis, TN 38108
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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. Procedures for Withdrawal of Request and Considerations for
Reregistration of Sodium Dimethyldithiocarbamate and Potassium
Dimethyldithiocarbamate
Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before March 15, 2010. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) request listed in this notice. If
the products(s) have been subject to a previous cancellation action,
the effective date of cancellation and all other provisions of any
earlier cancellation action are controlling.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: August 28, 2009.
Betty Shackleford,
Acting Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E9-22298 Filed 9-15-09; 8:45 a.m.]
BILLING CODE 6560-50-S