[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Notices]
[Pages 50199-50201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23458]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0123; FRL-8792-8]
Methyl Bromide; Notice of Receipt of Requests to Amend Pesticide
Registrations to Terminate Uses of Certain 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 the registrants to amend
their registrations to terminate uses of certain products containing
the pesticide methyl bromide. The requests would terminate post harvest
methyl bromide use in or on alfalfa hay and cottonseed. The requests
would terminate alfalfa hay and cottonseed uses from all methyl bromide
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 October 30, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0123, 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-
2005-0123. 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: Susan Bartow, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 603-0065; fax number: (703) 308-8090; 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
[[Page 50200]]
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
This notice announces receipt by EPA of requests from registrants
Great Lakes Chemical a Chemtura Company, Soil Chemicals Corporation
doing business as Cardinal Professional Products, and ICL-IP America,
Inc. to amend to terminate uses of 5785-11, Meth-O-Gas 100, 5785-41,
Meth-O-Gas Q; 8536-15, Methyl Bromide 100, 8536-29, Methyl Bromide
Quarantine Fumigant; 8622-16, Metabrom 100, and 8622-55, Metabrom Q
product registrations. In letters dated June 29, 2009, June 30, 2009,
and July 21, 2009, Great Lakes Chemical, a Chemtura Company, Soil
Chemicals Corporation doing business as Cardinal Professional Products,
and ICL-IP America, Inc. requested EPA to amend to terminate uses of
pesticide product registrations identified in Table 1 of this notice.
Specifically, the registrants request voluntary termination of post-
harvest alfalfa hay and post-harvest cottonseed uses of methyl bromide.
The registrants also request the following provisions for sale,
distribution, and use of existing stocks: All sale or distribution by
the registrant of existing stocks labeled for post-harvest alfalfa hay
and post-harvest cottonseed uses is prohibited after October 31, 2009,
unless that sale or distribution is solely for the purpose of
facilitating disposal or export of the product.
Existing stocks labeled for post-harvest alfalfa hay and post-
harvest cottonseed uses may be sold and distributed by persons other
than the registrant until October 31, 2010.
Existing stocks labeled for post-harvest alfalfa hay and post
harvest cottonseed uses may be used until all such stocks are
exhausted, provided that such use complies with the EPA-approved label
of the product.
Action on the registrants' requests would terminate alfalfa hay
and cottonseed uses from all methyl bromide 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 amend to terminate uses of methyl bromide product registrations. The
affected products and the registrants making the requests are
identified in Tables 1 and 2 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 methyl bromide registrants have requested that EPA waive the
180-day comment period. EPA will provide a 30-day comment period on the
proposed requests.
Unless a request is withdrawn by the registrant within 30 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 amending the affected registrations.
Table 1.--Methyl Bromide Product Registrations with Pending Requests for
Amendment
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Registration Number Product Name Company
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5785-11 Meth-O-Gas 100 Great Lakes
Chemical a
Chemtura Company
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5785-41 Meth-O-Gas Q Great Lakes
Chemical a
Chemtura Company
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8536-15 Methyl Bromide 100 Soil Chemicals
Corporation doing
business as
Cardinal
Professional
Products
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8536-29 Methyl Bromide Soil Chemicals
Quarantine Corporation doing
Fumigant business as
Cardinal
Professional
Products
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[[Page 50201]]
8622-16 Metabrom 100 ICL-IP America,
Inc.
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8622-55 Metabrom Q ICL-IP America,
Inc.
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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 Amendments
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EPA Company Number Company Name and Address
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5785 Great Lakes Chemical
Corporation
P.O. Box 2200
West Lafayette, IN 47996-
2200
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8536 Soil Chemicals Corporation
(doing business as Cardinal
Professional Products)
P.O. Box 782
Hollister, CA 95024-9487
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8622 ICL-IP America, Inc.
95 MacCorkle Avenue, S.W.
South Charleston, WV 25303-
1411
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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 Methyl Bromide
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 October 30, 2009. 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.
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 order.
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 in Unit III:
All sale or distribution by the registrant of existing stocks
labeled for post-harvest alfalfa hay and post-harvest cottonseed uses
is prohibited after October 31, 2009, unless that sale or distribution
is solely for the purpose of facilitating disposal or export of the
product. Existing stocks labeled for post-harvest alfalfa hay and post-
harvest cottonseed uses may be sold and distributed by persons other
than the registrant until October 31, 2010. Existing stocks labeled for
post-harvest alfalfa hay and post-harvest cottonseed uses may be used
until all such stocks are exhausted, provided that such use complies
with the EPA-approved label of the product.
If the request for 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: September 22, 2009.
Richard P. Keigwin, Jr.
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. E9-23458 Filed 9-29-09; 8:45 a.m.]
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