DCPA; Notice of Receipt of Request to Amend to Terminate Uses of Certain Pesticide Registrations, 7938-7941 [05-2979]
Download as PDF
<![CDATA[
7938
Federal Register / Vol. 70, No. 31 / Wednesday, February 16, 2005 / Notices
peanuts, peppermint, spearmint, and
birdfoot trefoil. End-use products are
formulated as soluble, emulsifiable, or
flowable concentrates and can be
applied aerially or on the ground. EPA
has determined that the data base to
support reregistration is substantially
complete and that products containing
2,4-DB butyric acid and 2,4-DB-DMAS
butyrate are eligible for reregistration,
provided the risks are mitigated either
in the manner described in the RED or
by another means that achieve
equivalent risk reduction. Upon
submission of any required productspecific data under section 4(g)(2)(B)
and any necessary changes to the
registration and labeling (either to
address concerns identified in the RED
or as a result of product-specific data),
EPA will make a final reregistration
decision under section 4(g)(2)(C) for
products containing 2,4-DB butyric acid
and 2,4-DB-DMAS butyrate.
EPA must review tolerances and
tolerance exemptions that were in effect
when the Food Quality Protection Act
(FQPA) was enacted in August 1996, to
ensure that these existing pesticide
residue limits for food and feed
commodities meet the safety standard
established by the new law. Tolerances
are considered reassessed once the
safety finding has been made or a
revocation occurs. EPA has reviewed
and made the requisite safety finding for
the 2,4-DB butyric acid and 2,4-DBDMAS butyrate tolerances included in
this notice.
EPA is applying the principles of
public participation to all pesticides
undergoing reregistration and tolerance
reassessment. The Agency’s Pesticide
Tolerance Reassessment and
Reregistration; Public Participation
Process, published in the Federal
Register of May 14, 2004 (69 FR 26819)
(FRL–7357–9), explains that in
conducting these programs, EPA is
tailoring its public participation process
to be commensurate with the level of
risk, extent of use, complexity of issues,
and degree of public concern associated
with each pesticide. Due to its uses,
risks, and other factors, 2,4-DB butyric
acid and 2,4-DB-DMAS butyrate was
reviewed through the modified 4-Phase
public participation process. Through
this process, EPA worked extensively
with stakeholders and the public to
reach the regulatory decisions for 2,4DB butyric acid and 2,4-DB-DMAS
butyrate.
The reregistration program is being
conducted under Congressionally
mandated time frames, and EPA
recognizes the need both to make timely
decisions and to involve the public.
Another comment period is not needed
VerDate jul<14>2003
12:44 Feb 15, 2005
Jkt 205001
because all issues related to this
pesticide were resolved through
consultations with stakeholders. The
Agency therefore is issuing the 2,4-DB
butyric acid and 2,4-DB-DMAS butyrate
RED without a comment period.
B. What is the Agency’s Authority for
Taking this Action?
Section 4(g)(2) of FIFRA as amended,
directs that, after submission of all data
concerning a pesticide active ingredient,
‘‘the Administrator shall determine
whether pesticides containing such
active ingredient are eligible for
reregistration,’’ before calling in
product-specific data on individual enduse products and either reregistering
products or taking other ‘‘appropriate
regulatory action.’’
Section 408(q) of the Federal Food,
Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a(q), requires EPA to review
tolerances and exemptions for pesticide
residues in effect as of August 2, 1996,
to determine whether the tolerance or
exemption meets the requirements of
section 408(b)(2) or (c)(2) of FFDCA.
This review is to be completed by
August 3, 2006.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: January 27, 2005.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. 05–2977 Filed 2–15–05; 8:45 am]
BILLING CODE 6560–50–S
edible canna, eggplant, garlic, ginger,
kale, leren, peas, pepper, potatoes,
residential uses (turf and ornamentals),
squash (including pumpkin), sweet
potatoes, tanier, turnips, walnuts (nonbearing 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.
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; email address: bloom.jill@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. General Information
ENVIRONMENTAL PROTECTION
AGENCY
[OPP–2005–0024; FRL–7698–4]
DCPA; Notice of Receipt of Request to
Amend to Terminate Uses of Certain
Pesticide Registrations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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,
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
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
E:\FR\FM\16FEN1.SGM
16FEN1
Federal Register / Vol. 70, No. 31 / Wednesday, February 16, 2005 / Notices
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
https://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 https://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
VerDate jul<14>2003
12:44 Feb 15, 2005
Jkt 205001
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 email 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,
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
7939
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 https://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.
E:\FR\FM\16FEN1.SGM
16FEN1
7940
Federal Register / Vol. 70, No. 31 / Wednesday, February 16, 2005 / Notices
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
VerDate jul<14>2003
12:44 Feb 15, 2005
Jkt 205001
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
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
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
ISTRATIONS WITH PENDING
QUESTS FOR AMENDMENT
REGRE-
Registration
No.
Product
Name
Company and Address
5481–
485
90% DimethylT
Amvac Chemical Corporation,4695 MacArthur Court, Suite
1250,Newport
Beach, CA 92660
5481–
486
Dacthal
1.92F
Do.
5481–
487
Dacthal
Flowable
Herbicide
Do.
5481–
488
Dacthal
G-2.5
Herbicide
Do.
5481–
489
Dacthal
G-5
Herbicide
Do.
5481–
490
Dacthal
W-75
Herbicide
Do.
5481–
491
Dacthal
W-75
Do.
5481–
495
Technical
Chlorthal Dimethyl
Do.
Under section 6(f)(1)(A) of FIFRA,
registrants may request, at any time, that
their pesticide registrations be canceled
E:\FR\FM\16FEN1.SGM
16FEN1
Federal Register / Vol. 70, No. 31 / Wednesday, February 16, 2005 / Notices
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
VerDate jul<14>2003
12:44 Feb 15, 2005
Jkt 205001
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.
7941
in this notice a cancellation order
granting the requested cancellation. Any
distribution, sale, or use of the
tributyltin methacrylate product subject
to this cancellation order is permitted
only in accordance with the terms of
this order including any existing stocks
provisions.
DATES: The cancellation is effective
February 16, 2005.
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; email address: bloom.jill@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
AGENCY:
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.
SUMMARY: This notice announces EPA’s
order for the cancellation, voluntarily
requested by the registrant and accepted
by the Agency, of a product containing
the pesticide tributyltin methacrylate,
pursuant to section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA), as amended. This
cancellation order follows a December
8, 2004 Federal Register Notice of
Receipt of Request (69 FR 71042) (FRL–
7688–3) from the registrant to
voluntarily cancel its sole tributyltin
methacrylate product registration. This
is the last tributyltin methacrylate
product registered for use in the United
States. In the December 8, 2004 Notice,
EPA indicated that it would issue an
order implementing the cancellation
unless the Agency received substantive
comments within the 30–day comment
period that would merit its further
review of this request. The Agency
received one comment on the Notice but
it did not merit further review of the
request Accordingly, EPA hereby issues
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 identification (ID) number
OPP–2004–0365. The official public
docket consists of the documents
specifically referenced 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
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
ENVIRONMENTAL PROTECTION
AGENCY
[OPP–2004–0365; FRL–7699–6]
Tributyltin Methacrylate; Product
Cancellation Order
Environmental Protection
Agency (EPA).
ACTION: Notice.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
E:\FR\FM\16FEN1.SGM
16FEN1
]]>Agencies
[Federal Register Volume 70, Number 31 (Wednesday, February 16, 2005)]
[Notices]
[Pages 7938-7941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2979]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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 https://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
------------------------------------------------------------------------
Company and
Registration No. Product Name Address
------------------------------------------------------------------------
5481-485 90% Dimethyl-T Amvac Chemical
Corporation,4695
MacArthur Court,
Suite
1250,Newport
Beach, CA 92660
---------------------------------
5481-486 Dacthal 1.92F Do.
---------------------------------
5481-487 Dacthal Flowable Do.
Herbicide
---------------------------------
5481-488 Dacthal G-2.5 Do.
Herbicide
---------------------------------
5481-489 Dacthal G-5 Do.
Herbicide
---------------------------------
5481-490 Dacthal W-75 Do.
Herbicide
---------------------------------
5481-491 Dacthal W-75 Do.
---------------------------------
5481-495 Technical Do.
Chlorthal
Dimethyl
------------------------------------------------------------------------
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
