[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Notices]
[Pages 7200-7203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2872]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0123; FRL-8862-5]
Methyl Bromide; Notice of Receipt of Requests To Voluntarily
Amend Registrations To Terminate Certain Soil Uses
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 amend
their methyl bromide product registrations to terminate or delete one
or more soil uses. The requests would delete all methyl bromide soil
uses that do not meet the definition of a ``critical use,'' a
``quarantine application,'' or a ``pre-shipment application'' with the
exception of the following uses: (1) Soils to be planted with
caneberries (use allowed until December 31, 2014), fresh market
tomatoes grown in California (use allowed until December 31, 2012),
fresh market peppers grown in California (use allowed until December
31, 2012), Vidalia onions grown in Georgia (use allowed until December
31, 2012), ginger grown in Hawaii (use allowed until December 31,
2012); (2) soils on golf courses and athletic/recreational fields for
resurfacing/replanting of turf (use allowed until December 31, 2013),
and (3) tobacco seedling trays (use allowed until December 31, 2014).
These requests would not affect post-harvest fumigant products. In
addition, the Agency received a request from Soil Chemicals Corporation
dba Cardinal Professional Products to voluntarily amend methyl bromide
product registration 8536-12 to terminate or delete all soil uses. This
request does not cover the post harvest uses on the label. The requests
would not terminate the last 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. If these requests are granted, any sale, distribution,
or use of products listed in this notice will be permitted after the
uses are deleted 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 11, 2011.
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 Web site 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
[[Page 7201]]
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 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 Amend Registrations To
Delete Uses
This notice announces receipt by EPA of requests from registrants
(ICL-IP America, Inc., Great Lakes Chemical Corporation, Shadow
Mountain Products Corporation, Hendrix and Dail, Inc., Soil Chemicals
Corporation dba Cardinal Professional Products, and Trical, Inc.) to
delete certain uses of methyl bromide product registrations. Methyl
bromide is a broad-spectrum fumigant chemical that can be used as an
acaricide, antimicrobial, fungicide, herbicide, insecticide,
nematicide, and vertebrate control agent. It is used most prevalently
as a soil fumigant, but is also used as a post harvest treatment of
commodities. In letters dated August 24, 2010, August 25, 2010, and
August 27, 2010, ICL-IP America, Inc., Great Lakes Chemical
Corporation, Shadow Mountain Products Corporation, Hendrix and Dail,
Inc., Soil Chemicals Corporation dba Cardinal Professional Products,
and Trical, Inc. requested EPA to amend to delete certain uses of
pesticide product registrations identified in Table 1A of Unit III.
Specifically, the requests would delete all methyl bromide soil uses
that do not meet the definition of a ``critical use,'' a ``quarantine
application,'' or a ``pre-shipment application'' (CUE/QPS), as those
terms are defined under EPA's regulations at (40 CFR part 82). Subpart
A, with the exception of the following uses: (1) Soils to be planted
with caneberries, fresh market tomatoes grown in California, fresh
market peppers grown in California, Vidalia onions grown in Georgia,
ginger grown in Hawaii; (2) soils on golf courses and athletic/
recreational fields for resurfacing/replanting of turf, and (3) tobacco
seedling trays. These requests are in accordance with a signed
agreement dated August 20, 2010 between the Environmental Protection
Agency and the registrants of certain pesticide products containing
methyl bromide. Also in accordance with the signed agreement the
registrants request (1) deletion of the non-CUE/QPS uses of methyl
bromide on soil used to grow fresh market tomatoes in California, fresh
market peppers in California, Vidalia onion in Georgia, and ginger in
Hawaii effective December 31, 2012; (2) deletion of the non-CUE/QPS
uses of methyl bromide on soil for resurfacing/replanting turf or sod
on golf courses and athletic/recreational fields effective December 31,
2013; and (3) deletion of the non-CUE/QPS uses of methyl bromide on
soil to be planted with caneberries and for application to tobacco
seedling trays effective December 31, 2014. These requests would not
affect post-harvest fumigant products. The requests would not terminate
the last methyl bromide products registered for use in the United
States.
This notice also announces receipt by EPA of a request from Soil
Chemicals Corporation dba Cardinal Professional Products to delete soil
uses from methyl bromide product registration 8536-12. In a letter
dated December 7, 2010, Soil Chemicals Corporation dba Cardinal
Professional Products requested EPA to amend to delete certain uses of
pesticide product registration 8536-12 identified in Table 1B of Unit
III. Specifically, the request would delete all methyl bromide soil
fumigation uses. This request does not cover the post harvest uses on
the label. The request would not terminate the last 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 delete certain uses of methyl bromide product registrations. The
affected products and the registrants making the requests are
identified in Tables 1A, 1B, and 2 of this unit.
Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order amending the
affected registrations.
[[Page 7202]]
Table 1A--Methyl Bromide Product Registrations With Pending Requests for
Amendment
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Registration No. Product Name Company
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5785-19....................... Terr-O-Gas[reg] Great Lakes Chemical
70. Corporation.
5785-22....................... Terr-O-Gas[reg] Great Lakes Chemical
98. Corporation.
5785-23....................... Terr-O-Gas[reg] Great Lakes Chemical
45. Corporation.
5785-24....................... Terr-O-Gas[reg] Great Lakes Chemical
67. Corporation.
5785-25....................... Terr-O-Gas[reg] Great Lakes Chemical
33. Corporation.
5785-28....................... Terr-O-Gas[reg] Great Lakes Chemical
57. Corporation.
5785-40....................... Terr-O-Gas[reg] Great Lakes Chemical
75. Corporation.
5785-42....................... Brom-O-Gas[reg] Great Lakes Chemical
2%. Corporation.
5785-47....................... Terr-O-Gas[reg] Great Lakes Chemical
80. Corporation.
5785-48....................... Terr-O-Gas[reg] Great Lakes Chemical
50. Corporation.
8536-05....................... Pic-Brom 33...... Soil Chemicals
Corporation dba
Cardinal
Professional
Products.
8536-06....................... Pic-Brom 55...... Soil Chemicals
Corporation dba
Cardinal
Professional
Products.
8536-07....................... Pic-Brom 43...... Soil Chemicals
Corporation dba
Cardinal
Professional
Products.
8536-09....................... Pic-Brom 50...... Soil Chemicals
Corporation dba
Cardinal
Professional
Products.
8536-11....................... Pic-Brom 25...... Soil Chemicals
Corporation dba
Cardinal
Professional
Products.
8536-19....................... Methyl Bromide Soil Chemicals
98%. Corporation dba
Cardinal
Professional
Products.
8536-20....................... Pic-Brom 67...... Soil Chemicals
Corporation dba
Cardinal
Professional
Products.
8622-12....................... 98-2 Soil ICL-IP America,
Fumigant. Incorporated.
8622-13....................... 67-33 Preplant ICL-IP America,
Soil Fumigant. Incorporated.
8622-14....................... 70-30 Preplant ICL-IP America,
Soil Fumigant. Incorporated.
8622-15....................... 75-25 Preplant ICL-IP America,
Soil Fumigant. Incorporated.
8622-17....................... Metabrom 99...... ICL-IP America,
Incorporated.
8622-39....................... 50-50 Preplant ICL-IP America,
Soil Fumigant. Incorporated.
8622-40....................... 57-43 Preplant ICL-IP America,
Soil Fumigant. Incorporated.
8622-44....................... 80-20 Preplant ICL-IP America,
Soil Fumigant. Incorporated.
8853-1........................ MBC Soil Fumigant Hendrix and Dail,
Incorporated.
8853-2........................ MBC Concentrate Hendrix and Dail,
Soil Fumigant. Incorporated.
8853-3........................ MBC-33 Soil Hendrix and Dail,
Fumigant. Incorporated.
11220-04...................... Tri-Con 57/43.... Trical, Incorporated.
11220-07...................... Tri-Con 67/33.... Trical, Incorporated.
11220-08...................... Tri-Con 75/25.... Trical, Incorporated.
11220-10...................... Tri-Con 50/50.... Trical, Incorporated.
11220-11...................... Tri-Con 45/55.... Trical, Incorporated.
11220-17...................... Methyl Bromide Trical, Incorporated.
89.5%.
58266-1....................... Tri-Con 80/20 Shadow Mountain
Preplant Soil Products
Fumigant. Corporation.
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Table 1B--Methyl Bromide Product Registration With Pending Requests for Amendment
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Registration No. Product name Company Uses to be deleted
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8536-12............................ Methyl Bromide 99.5%.. Soil Chemicals Corporation Soil fumigation uses.
dba Cardinal Professional
Products.
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Table 2 of this unit includes the names and addresses of record for
the registrants of the products listed in Tables 1A and 1B of this
unit, in sequence by EPA company number. This number corresponds to the
first part of the EPA registration numbers of the products listed in
Tables 1A and 1B of this unit.
Table 2--Registrants Requesting Voluntary Amendments
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EPA Company No. Company name and address
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5785................................. Great Lakes Chemical Corporation,
P.O. Box 2200, West Lafayette,
IN 47996-2200.
8536................................. Soil Chemicals Corporation dba
Cardinal Professional Products,
P.O. Box 782, Hollister, CA
95024-0782.
8622................................. ICL-IP America, Incorporated, 95
MacCorkle Avenue, SW., South
Charleston, WV 25303.
8853................................. Hendrix and Dail, Incorporated,
P.O. Box 648, Greenville, NC
27835-0648.
11220................................ Trical, Incorporated, P.O. Box
1327, Hollister, CA 95024-1327.
58266................................ Shadow Mountain Products
Corporation, P.O. Box 1327,
Hollister, CA 95024-1327.
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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.
Section 6(f)(1)(B) of FIFRA requires that before acting on a
request for voluntary cancellation, EPA must
[[Page 7203]]
provide a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
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 EPA 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. Accordingly, EPA will provide a 30-day comment
period on the proposed requests.
V. Procedures for Withdrawal of Requests
Registrants who choose to withdraw a request for product
cancellation or use deletion should submit the withdrawal in writing to
the person listed under FOR FURTHER INFORMATION CONTACT. If the
products 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
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the requests for amendments to delete uses are granted, the
Agency intends to publish the cancellation order, including the
effective date and conditions for the disposition of existing stocks,
in the Federal Register.
A. For All Products Listed in Table 1A in Unit III
In any order issued in response to these requests for amendments to
delete uses, EPA proposes to include the following provisions for the
treatment of any existing stocks of the products listed in Table 1A of
Unit III.
1. All sale or distribution of existing stocks of methyl bromide
products that include soil uses other than uses that meet the
definition of a ``critical use,'' a ``quarantine application,'' or a
``pre-shipment application;'' caneberries; fresh market tomatoes grown
in California; fresh market peppers grown in California; Vidalia onions
grown in Georgia; ginger grown in Hawaii; golf courses and athletic/
recreational fields for resurfacing/replanting of turf; and treatment
of tobacco seedling trays is prohibited after publication of the
cancellation order, unless that sale or distribution is solely for the
purpose of facilitating disposal or export of the product.
Existing stocks may be used until those stocks are exhausted,
provided that such use complies with the EPA-approved label and
labeling of the product.
2. Existing stocks of methyl bromide products that include the non-
CUE/QPS use on fresh market tomatoes (CA), fresh market peppers (CA),
Vidalia onions (GA), and ginger (HI) may be sold and distributed for
120 days after the effective date of cancellation (i.e., 120 days after
December 31, 2012); and users may continue to use Existing Stocks of
such products for production of fresh market tomatoes (CA), fresh
market peppers (CA), Vidalia onions (GA), and ginger (HI) until those
Existing Stocks are exhausted, provided that no later than August 31,
2012, each Registrant has submitted for each of the Registrant's
products labeled for the fresh market tomatoes (CA), fresh market
peppers (CA), Vidalia onions (GA), and ginger (HI) uses, an application
for amended registration to revise the approved labeling for those
products to delete any language allowing use of the product for any of
those uses. For any product that does not meet this condition, EPA may
issue an amended order that prohibits sale and distribution and use of
Existing Stocks as of the effective date of cancellation.
3. Existing Stocks of methyl bromide products that include the non
CUE/QPS use on golf courses and athletic/recreational fields uses may
be sold and distributed for 120 days after the effective date of
cancellation (i.e., 120 days after December 31, 2013); and users may
continue to use Existing Stocks of such products for resurfacing/
replanting turf and sod on golf courses and athletic/recreational
fields until those Existing Stocks are exhausted, provided that no
later than August 31, 2013, each Registrant has submitted for each of
the Registrant's products labeled for the golf course and athletic/
recreational field uses, an application for amended registration to
revise the approved labeling for those products to delete any language
allowing use of the product for any of those uses. For any product that
does not meet this condition, EPA may issue an amended order that
prohibits sale and distribution and use of Existing Stocks as of the
effective date of cancellation.
4. Existing Stocks of methyl bromide products that include the non-
CUE/QPS use on caneberry or tobacco seedling tray uses may be sold and
distributed for 120 days after the effective date of cancellation
(i.e., 120 days after December 31, 2014); and users may continue to use
Existing Stocks of such products on the caneberry and tobacco seedling
tray uses until those Existing Stocks are exhausted, provided that no
later than August 31, 2014, each Registrant has submitted for each of
the Registrant's products labeled for the caneberry or tobacco seedling
tray uses, an application for amended registration to revise the
approved labeling for those products to delete any language allowing
use of the product for any of those uses. For any product that does not
meet this condition, EPA may issue an amended order that prohibits sale
and distribution and use of Existing Stocks as of the effective date of
cancellation.
B. For The Product Listed in Table 1B in Unit III
In any order issued in response to this request for an amendment to
delete uses, EPA proposes to include the following provisions for the
treatment of any existing stocks of the product listed in Table 1B of
Unit III.
All sale or distribution by the registrant of existing stocks is
prohibited after publication of the cancellation order, unless that
sale or distribution is solely for the purpose of facilitating disposal
or export of the product.
Existing stocks may be sold and distributed by persons other than
the registrant for 6 months from the date of the cancellation order.
Existing stocks may be used until those stocks are exhausted,
provided that such use complies with the EPA-approved label and
labeling of the product.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: January 11, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-2872 Filed 2-8-11; 8:45 am]
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