Malathion; Notice of Receipt of Requests To Voluntarily Cancel or To Amend To Terminate Uses of Certain Pesticide Registrations, 23708-23712 [E9-11631]
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Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices
8:30 a.m. (registration at 8 a.m.) to 5:30
p.m. The following day, June 11, the
Board will hold a business meeting from
8 a.m. until 12 p.m.
ADDRESSES: The meeting will be held at
Sycuan Resort, 3007 Dehesa Road, El
Cajon, CA 92019, phone number 619/
442–3425. The meeting is open to the
public, with limited seating on a firstcome, first-served basis.
FOR FURTHER INFORMATION CONTACT:
Mark Joyce, Designated Federal Officer,
joyce.mark@epa.gov, 202–564–3120,
U.S. EPA, Office of Cooperative
Environmental Management (1601M),
1200 Pennsylvania Avenue NW.,
Washington, DC 20460.
SUPPLEMENTARY INFORMATION: If you
wish to make oral comments or submit
written comments to the Board, please
contact Mark Joyce at least five days
prior to the meeting.
General Information: Additional
information concerning the GNEB can
be found on its Web site at https://
www.epa.gov/ocem/gneb.
Meeting Access: For information on
access or services for individuals with
disabilities, please contact Mark Joyce at
202–564–2130 or by e-mail at
joyce.mark@epa.gov. To request
accommodation of a disability, please
contact Mark Joyce at least 10 days prior
to the meeting to give EPA as much time
as possible to process your request.
Dated: May 13, 2009.
Mark Joyce,
Designated Federal Officer.
[FR Doc. E9–11751 Filed 5–19–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2007-0837; FRL–8414–2]
Malathion; 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.
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 or
amend their registrations to terminate
uses of certain products containing the
pesticide malathion. The requests
would terminate the malathion uses
listed with their respective products in
Table 2. The requests would not
terminate the last malathion products
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15:27 May 19, 2009
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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 June 19, 2009.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2007-0837, by
one of the following methods:
• Federal eRulemaking Portal: https://
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–20070837. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
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 email. 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
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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 https://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 https://
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: Eric
Miederhoff, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 347–
8028; fax number: (703) 308–7070; email address: miederhoff.eric@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.
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Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices
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 the registrants listed in
Table 3 to cancel 12 and amend to
terminate uses of 26 malathion product
registrations. Malathion is a nonsystemic, broad spectrum
organophosphate pesticide with
numerous commercial, agricultural and
residential uses, as well as several wide
area applications including use as a
public health adulticide, as an
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abatement treatment for fruit fly, and in
the Boll Weevil Eradication Program.
Registrants requested EPA to cancel
affected product registrations or to
amend to terminate uses of pesticide
product registrations identified in this
notice in Tables 1 and 2, respectively.
These requests will not terminate the
last malathion products registered in the
United States.
III. What Action is the Agency Taking?
This notice announces receipt by EPA
of requests from registrants to cancel or
amend to terminate uses of malathion
product registrations. The affected
products and the registrants making the
requests are identified in Tables 1, 2,
and 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 malathion 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 a
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
canceling or amending the affected
registrations.
TABLE 1—MALATHION PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued
Registration
Number
Product
Name
Company
228-244
Riverdale
50%
Malathion
EC
Nufarm Americas, Inc.
228-252
Riverdale
4%
Malathion
Dust
Nufarm Americas, Inc.
228-274
Riverdale
ULV
Malathion
Nufarm Americas, Inc.
655-794
Prentox
Malathion
57%
EC
Prentiss, Inc.
5905-7
Fyfanon 5
LB
Emulsion
Helena Chemical Company
5905-443
Helena
Malathion 8
Insecticide
Helena Chemical Company
34704-3
Malathion
55 Insecticide
Premium
Grade
Loveland
Products
Inc.
34704-18
Malathion
ULV
Concentrate
Insecticide
Loveland
Products
Inc.
TABLE 1—MALATHION PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION
Registration
Number
Product
Name
Company
228-68
Riverdale
Malathion 5
Nufarm Americas, Inc.
228-93
Riverdale
Bin
Spray
Nufarm Americas, Inc.
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Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices
TABLE 1—MALATHION PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued
Registration
Number
34704-119
Product
Name
Clean
Crop
Malathion
8EC Insecticide
TABLE 1—MALATHION PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued
Registration
Number
Company
Loveland
Products
Inc.
34704-721
Product
Name
Company
Niagara
Malathion 5
Dust
Loveland
Products
Inc.
TABLE 2—MALATHION PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT
Registration Number
Product Name
Company
Terminate Use
192-96
Dexol Malathion Insect Control
Value Garden Supply
Residential lawns (broadcast)
239-739
Ortho Malathion 50 Insect Spray
The Scotts Company LLC
Residential lawns (broadcast)
655-310
Malathion 95% Technical Premium
Prentiss, Inc.
Greenhouse food crops, Commercial/Institutional/Industrial
premises/equipment
(outdoor), sewer systems
655-598
Prentox Malathion 50% Emulsifiable Insecticide
Prentiss, Inc.
Commercial/Institutional/Industrial premises/
equipment (outdoor)
655-777
Prentox 5 LB Malathion Spray
Prentiss, Inc.
Greenhouse food crops, Commercial/Institutional/Industrial
premises/equipment
(outdoor), lentils, manure piles, residential lawns (broadcast)
769-736
SMCP Malathion Mole Cricket
Bait Insecticide
Value Garden Supply
Residential lawns (broadcast), golf course
turf
769-620
AllPro Malathion 57% Premium
Grade
Value Garden Supply
Lentils, greenhouse uses, sewage systems,
fly control for outdoor building surfaces
769-621
SMCP Malathion EM-5
Value Garden Supply
Residential lawns (broadcast)
769-644
SMCP MV Fog Solution
Value Garden Supply
Animal premise uses for dairy and livestock
barns, stables and pens, food processing
plants, outdoor use as a crack and crevice treatment around dairies and stables
769-844
Pratt Malathion Spray
Value Garden Supply
Residential lawns (broadcast)
769-961
Pratt Malathion 80
Value Garden Supply
Dairy cattle (lactating and nonlactating),
poultry houses, cowpea forage and hay,
cranberry, plum
5905-250
Fyfanon 8 LB Emulsion
Helena Chemical Company
Lentils, cowpea
9779-5
Malathion 5
WinField Solutions
Lentils
10088-56
Malathion 57%
Athea Laboratories, Inc.
Ornamental lawns and turf
10163-21
Prokil Malathion 8
Gowan
Lentils, greenhouse uses
10163-152
Malathion Technical
Gowan
Greenhouse food use
19713-217
Drexel Malathion 5EC
Drexel Chemical Company
Lentils
19713-402
Drexel Malathion Technical
Drexel Chemical Company
Greenhouse food crops, uses around commercial and industrial buildings, sewage
systems
34704-108
Clean Crop Malathion 57 EC
Loveland Products, Inc.
Lentil
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Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices
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TABLE 2—MALATHION PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT—Continued
Registration Number
Product Name
Company
Terminate Use
34704-474
Cythion 8 Aquamul
Loveland Products, Inc.
Lentil
47000-107
Prozap Malathion
Chem-Tech Ltd.
Lentil, residential lawns (broadcast)
48273-26
Marman Malathion ULV
Nufarm
Lentils, greenhouse food uses
59144-1
Malathion 50% Insect Spray
Gro Tec, Inc.
Greenhouse uses
66330-220
Malathion 5 EC
Arysta LifeScience
Lentils, Greenhouse uses
66330-228
Malathion Technical
Arysta LifeScience
Greenhouse uses
66330-248
Malathion 8 EC
Arysta LifeScience
Greenhouse uses, lentils, Around the outside of buildings
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 V. Procedures for Withdrawal of
VOLUNTARY CANCELLATION AND/OR Request and Considerations for
Reregistration of Malathion
AMENDMENTS—Continued
TABLE 3—REGISTRANTS REQUESTING
VOLUNTARY CANCELLATION AND/OR
AMENDMENTS
EPA Company
Number
The Scotts Company
LLC
14111 Scottslawn Road
Marysville, OH 43041
655
Prentiss Incorporated
509 Tower Valley Drive
Hillsboro, MO 63050
769, 192
Value Garden Supply
9100 W. Bloomington
Freeway, Suite 113
Bloomington, MN 55431
5905
Helena Chemical Company
7664 Moore Road
Memphis, TN 38120
WinField Solutions
PO Box 64589
MS 5705
St. Paul, MN 551640589
Loveland Products, Inc.
7251 W 4th Street
PO Box 1286
Greeley, CO 806321286
47000
Chem-Tech, Ltd.
4515 Fleur Dr. #303
Des Moines, IA 50321
48273, 228
Nufarm Americas, Inc.
150 Harvester Drive,
Suite 200
Burr Ridge, IL 60527
Athea Laboratories, Inc.
PO Box 240014
Milwaukee, WI 53224
10163
Gowan
PO Box 5569
Yuma, AZ 85366-5569
19713
Drexel Chemical Company
1700 Channel Avenue
PO Box 13327
Memphis, TN 381130327
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59144
RegWest on behalf of
Gro Tec, Inc.
30856 Rocky Road
Greeley, CO 806319375
66330
Arysta Life
Science North America
15401 Weston Parkway, Suite 150
Cary, NC 27513
IV. What is the Agency’s Authority for
Taking this Action?
10088
VerDate Nov<24>2008
Company Name and
Address
34704
Company Name and
Address
239
9779
EPA Company
Number
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.
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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 June 19, 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 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
The effective date of cancellation will
be the date of the cancellation order.
The order effecting these requested
cancellations will generally permit a
registrant to sell or distribute existing
stocks for 1 year after the date the
cancellation request was received. This
policy is in accordance with the
Agency’s statement of policy as
prescribed the Federal Register of June
26, 1991 (56 FR 29362) (FRL–3846–4).
Exceptions to this general rule will be
made if a product poses a risk concern,
or is in noncompliance with
reregistration requirements, or is subject
to a data call-in. In all cases, productspecific disposition dates will be given
in the cancellation orders.
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.
Unless the provisions of an earlier order
apply, existing stocks already in the
hands of dealers or users can be
distributed, sold, or used legally until
they are exhausted, provided that such
further sale and use comply with the
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Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices
EPA-approved label and labeling of the
affected product. Exception to these
general rules will be made in specific
cases when more stringent restrictions
on sale, distribution, or use of the
products or their ingredients have
already been imposed, as in a special
review action, or where the Agency has
identified significant potential risk
concerns associated with a particular
chemical.
If the requests for voluntary
cancellation and use termination are
granted, the Agency intends to publish
the cancellation order in the Federal
Register that will allow persons other
than the registrant to continue to sell
and/or use existing stocks of canceled
products 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.
The Agency will publish the
cancellation order in the Federal
Register.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: May 7, 2009.
Richard P. Keigwin, Jr.,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E9–11631 Filed 5–19–09; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8908–3]
Proposed CERCLA Settlement
Agreement for Recovery of Past
Response Costs Incurred at the Bueno
Mill and Mine Site Located Adjacent to
Jamestown in Boulder County, CO
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice and request for public
comment.
SUMMARY: In accordance with the
requirements of section 122(i) of the
Comprehensive Environmental
Response, Compensation, and Liability
Act, as amended (‘‘CERCLA’’), 42 U.S.C.
9622(i), notice is hereby given of a
proposed Settlement Agreement for
Recovery of Past Response Costs
(‘‘Agreement’’) under section 122(h)(1)of
CERCLA, 42 U.S.C. 9622(h)(1),
concerning the Bueno Mine and Mill
Site located adjacent to Jamestown in
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15:27 May 19, 2009
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Boulder County, Colorado. This
Agreement, as embodied in a CERCLA
section 122(h) Settlement Agreement for
Recovery of Past Response Costs, is
designed to resolve the liability at the
Site for Ozark-Mahoning Company and
its parents Delaware Chemicals
Corporation and Arkema Inc. (‘‘Settling
Parties’’) for past work and past
response costs through covenants under
sections 106 and 107 of CERCLA, 42
U.S.C. 9606 and 9607. The proposed
Agreement requires the Settling Party to
pay $1,321,619 to the EPA Hazardous
Substances Superfund.
Opportunity for Comment: For thirty
(30) days following the date of
publication of this notice, the Agency
will consider all comments received,
and may modify or withdraw its consent
to the Agreement if comments received
disclose facts or considerations which
indicate that either the Agreement is
inappropriate, improper, or inadequate.
The Agency’s response to any comments
received will be available for public
inspection at the EPA Superfund
Records Center, 1595 Wynkoop St., 3rd
floor in Denver, Colorado.
DATES: Comments must be submitted on
or before June 19, 2009.
ADDRESSES: The proposed Agreement
and additional background information
relating to the settlement are available
for public inspection at the EPA
Superfund Records Center, 1595
Wynkoop St., 3rd Floor, in Denver,
Colorado. Comments and requests for a
copy of the proposed Agreement should
be addressed to William Ross (8ENF–
RC), Technical Enforcement Program,
U.S. Environmental Protection Agency,
1595 Wynkoop St., Denver, Colorado
80202–1129, and should reference the
Bueno Mine and Mill Site, in Boulder
County, Colorado and the Docket
Number CERCLA–08–2009–0001.
FOR FURTHER INFORMATION CONTACT:
William Ross, Enforcement Specialist/
SEE (8ENF–RC), Technical Enforcement
Program, U.S. Environmental Protection
Agency, 1595 Wynkop St., Denver,
Colorado 80202–1129, (303) 312–6208.
SUPPLEMENTARY INFORMATION: Regarding
the Agreement under section 122(h)(1)
of CERCLA, 42 U.S.C. 9622(h)(1): In
accordance with section 122(i) of
CERCLA, 42 U.S.C. 9622(i), notice is
hereby given that the terms of the
Agreement have been agreed to by the
Settling Parties which will pay a total of
$1,312,619 to the Hazardous Substance
Superfund. This payment represents
100% of the past response costs
attributable to the Settling Parties
incurred by the United States through
the effective date of the Agreement.
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Dated: May 8, 2009.
Sharon L. Kersher,
Acting Assistant Regional Administrator,
Office of Enforcement, Compliance, and
Environmental Justice, Region 8.
[FR Doc. E9–11745 Filed 5–19–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–RCRA–2008–0787; FRL–8906–6]
Notice of Availability of RCRA Closure
and Post-Closure Care Cost Estimating
Software
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of Availability.
SUMMARY: The Environmental Protection
Agency (EPA) is announcing the
availability of a software package,
referred to as CostPro, which will
estimate the costs of RCRA Closure and
Post-Closure care. Persons interested in
obtaining a copy of the software package
can contact EPA for a copy of this
software.
DATES: This software will be available
on or after May 1, 2009.
ADDRESSES: The official public docket is
identified by Docket ID No. EPA–HQ–
RCRA–2008–0737. All documents in the
docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov, or in hard copy at
the RCRA Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.,
NW., Washington DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the RCRA Docket is (202)
566–0270.
FOR FURTHER INFORMATION CONTACT: For
further information regarding
distribution of this software, contact
Bob Maxey, Office of Resource
Conservation and Recovery, (703) 308–
7273, maxey.bob@epa.gov. Mail
inquiries may be directed to the Office
of Resource Conservation and Recovery,
(5303P), 1200 Pennsylvania Avenue,
NW., Washington, DC 20460.
E:\FR\FM\20MYN1.SGM
20MYN1
]]>Agencies
[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Notices]
[Pages 23708-23712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11631]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-0837; FRL-8414-2]
Malathion; 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.
-----------------------------------------------------------------------
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
or amend their registrations to terminate uses of certain products
containing the pesticide malathion. The requests would terminate the
malathion uses listed with their respective products in Table 2. The
requests would not terminate the last malathion 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 June 19, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0837, by one of the following methods:
Federal eRulemaking Portal: https://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-
2007-0837. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
https://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 https://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 https://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: Eric Miederhoff, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 347-8028; fax
number: (703) 308-7070; e-mail address: miederhoff.eric@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.
[[Page 23709]]
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 the
registrants listed in Table 3 to cancel 12 and amend to terminate uses
of 26 malathion product registrations. Malathion is a non-systemic,
broad spectrum organophosphate pesticide with numerous commercial,
agricultural and residential uses, as well as several wide area
applications including use as a public health adulticide, as an
abatement treatment for fruit fly, and in the Boll Weevil Eradication
Program. Registrants requested EPA to cancel affected product
registrations or to amend to terminate uses of pesticide product
registrations identified in this notice in Tables 1 and 2,
respectively. These requests will not terminate the last malathion
products registered in the United States.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of requests from registrants
to cancel or amend to terminate uses of malathion product
registrations. The affected products and the registrants making the
requests are identified in Tables 1, 2, and 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 malathion 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 a 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 canceling or amending the affected registrations.
Table 1--Malathion Product Registrations with Pending Requests for
Cancellation
------------------------------------------------------------------------
Registration Number Product Name Company
------------------------------------------------------------------------
228-68 Riverdale Nufarm Americas,
Malathion 5 Inc.
------------------------------------------------------------------------
228-93 Riverdale Bin Nufarm Americas,
Spray Inc.
------------------------------------------------------------------------
228-244 Riverdale 50% Nufarm Americas,
Malathion EC Inc.
------------------------------------------------------------------------
228-252 Riverdale 4% Nufarm Americas,
Malathion Dust Inc.
------------------------------------------------------------------------
228-274 Riverdale ULV Nufarm Americas,
Malathion Inc.
------------------------------------------------------------------------
655-794 Prentox Malathion Prentiss, Inc.
57% EC
------------------------------------------------------------------------
5905-7 Fyfanon 5 LB Helena Chemical
Emulsion Company
------------------------------------------------------------------------
5905-443 Helena Malathion 8 Helena Chemical
Insecticide Company
------------------------------------------------------------------------
34704-3 Malathion 55 Loveland Products
Insecticide Inc.
Premium Grade
------------------------------------------------------------------------
34704-18 Malathion ULV Loveland Products
Concentrate Inc.
Insecticide
------------------------------------------------------------------------
[[Page 23710]]
34704-119 Clean Crop Loveland Products
Malathion 8EC Inc.
Insecticide
------------------------------------------------------------------------
34704-721 Niagara Malathion Loveland Products
5 Dust Inc.
------------------------------------------------------------------------
Table 2--Malathion Product Registrations with Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
Registration Number Product Name Company Terminate Use
----------------------------------------------------------------------------------------------------------------
192-96 Dexol Malathion Insect Value Garden Supply Residential lawns
Control (broadcast)
----------------------------------------------------------------------------------------------------------------
239-739 Ortho Malathion 50 The Scotts Company LLC Residential lawns
Insect Spray (broadcast)
----------------------------------------------------------------------------------------------------------------
655-310 Malathion 95% Technical Prentiss, Inc. Greenhouse food crops,
Premium Commercial/
Institutional/
Industrial premises/
equipment (outdoor),
sewer systems
----------------------------------------------------------------------------------------------------------------
655-598 Prentox Malathion 50% Prentiss, Inc. Commercial/
Emulsifiable Institutional/
Insecticide Industrial premises/
equipment (outdoor)
----------------------------------------------------------------------------------------------------------------
655-777 Prentox 5 LB Malathion Prentiss, Inc. Greenhouse food crops,
Spray Commercial/
Institutional/
Industrial premises/
equipment (outdoor),
lentils, manure piles,
residential lawns
(broadcast)
----------------------------------------------------------------------------------------------------------------
769-736 SMCP Malathion Mole Value Garden Supply Residential lawns
Cricket Bait (broadcast), golf
Insecticide course turf
----------------------------------------------------------------------------------------------------------------
769-620 AllPro Malathion 57% Value Garden Supply Lentils, greenhouse
Premium Grade uses, sewage systems,
fly control for
outdoor building
surfaces
----------------------------------------------------------------------------------------------------------------
769-621 SMCP Malathion EM-5 Value Garden Supply Residential lawns
(broadcast)
----------------------------------------------------------------------------------------------------------------
769-644 SMCP MV Fog Solution Value Garden Supply Animal premise uses for
dairy and livestock
barns, stables and
pens, food processing
plants, outdoor use as
a crack and crevice
treatment around
dairies and stables
----------------------------------------------------------------------------------------------------------------
769-844 Pratt Malathion Spray Value Garden Supply Residential lawns
(broadcast)
----------------------------------------------------------------------------------------------------------------
769-961 Pratt Malathion 80 Value Garden Supply Dairy cattle (lactating
and nonlactating),
poultry houses, cowpea
forage and hay,
cranberry, plum
----------------------------------------------------------------------------------------------------------------
5905-250 Fyfanon 8 LB Emulsion Helena Chemical Company Lentils, cowpea
----------------------------------------------------------------------------------------------------------------
9779-5 Malathion 5 WinField Solutions Lentils
----------------------------------------------------------------------------------------------------------------
10088-56 Malathion 57% Athea Laboratories, Ornamental lawns and
Inc. turf
----------------------------------------------------------------------------------------------------------------
10163-21 Prokil Malathion 8 Gowan Lentils, greenhouse
uses
----------------------------------------------------------------------------------------------------------------
10163-152 Malathion Technical Gowan Greenhouse food use
----------------------------------------------------------------------------------------------------------------
19713-217 Drexel Malathion 5EC Drexel Chemical Company Lentils
----------------------------------------------------------------------------------------------------------------
19713-402 Drexel Malathion Drexel Chemical Company Greenhouse food crops,
Technical uses around commercial
and industrial
buildings, sewage
systems
----------------------------------------------------------------------------------------------------------------
34704-108 Clean Crop Malathion 57 Loveland Products, Inc. Lentil
EC
----------------------------------------------------------------------------------------------------------------
[[Page 23711]]
34704-474 Cythion 8 Aquamul Loveland Products, Inc. Lentil
----------------------------------------------------------------------------------------------------------------
47000-107 Prozap Malathion Chem-Tech Ltd. Lentil, residential
lawns (broadcast)
----------------------------------------------------------------------------------------------------------------
48273-26 Marman Malathion ULV Nufarm Lentils, greenhouse
food uses
----------------------------------------------------------------------------------------------------------------
59144-1 Malathion 50% Insect Gro Tec, Inc. Greenhouse uses
Spray
----------------------------------------------------------------------------------------------------------------
66330-220 Malathion 5 EC Arysta LifeScience Lentils, Greenhouse
uses
----------------------------------------------------------------------------------------------------------------
66330-228 Malathion Technical Arysta LifeScience Greenhouse uses
----------------------------------------------------------------------------------------------------------------
66330-248 Malathion 8 EC Arysta LifeScience Greenhouse uses,
lentils, Around the
outside of buildings
----------------------------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------
EPA Company Number Company Name and Address
------------------------------------------------------------------------
239 The Scotts Company LLC
14111 Scottslawn Road
Marysville, OH 43041
------------------------------------------------------------------------
655 Prentiss Incorporated
509 Tower Valley Drive
Hillsboro, MO 63050
------------------------------------------------------------------------
769, 192 Value Garden Supply
9100 W. Bloomington Freeway,
Suite 113
Bloomington, MN 55431
------------------------------------------------------------------------
5905 Helena Chemical Company
7664 Moore Road
Memphis, TN 38120
------------------------------------------------------------------------
9779 WinField Solutions
PO Box 64589
MS 5705
St. Paul, MN 55164-0589
------------------------------------------------------------------------
10088 Athea Laboratories, Inc.
PO Box 240014
Milwaukee, WI 53224
------------------------------------------------------------------------
10163 Gowan
PO Box 5569
Yuma, AZ 85366-5569
------------------------------------------------------------------------
19713 Drexel Chemical Company
1700 Channel Avenue
PO Box 13327
Memphis, TN 38113-0327
------------------------------------------------------------------------
34704 Loveland Products, Inc.
7251 W 4th Street
PO Box 1286
Greeley, CO 80632-1286
------------------------------------------------------------------------
47000 Chem-Tech, Ltd.
4515 Fleur Dr. 303
Des Moines, IA 50321
------------------------------------------------------------------------
48273, 228 Nufarm Americas, Inc.
150 Harvester Drive, Suite
200
Burr Ridge, IL 60527
------------------------------------------------------------------------
59144 RegWest on behalf of Gro
Tec, Inc.
30856 Rocky Road
Greeley, CO 80631-9375
------------------------------------------------------------------------
66330 Arysta Life
Science North America
15401 Weston Parkway, Suite
150
Cary, NC 27513
------------------------------------------------------------------------
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 Malathion
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 June 19, 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 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
The effective date of cancellation will be the date of the
cancellation order. The order effecting these requested cancellations
will generally permit a registrant to sell or distribute existing
stocks for 1 year after the date the cancellation request was received.
This policy is in accordance with the Agency's statement of policy as
prescribed the Federal Register of June 26, 1991 (56 FR 29362) (FRL-
3846-4). Exceptions to this general rule will be made if a product
poses a risk concern, or is in noncompliance with reregistration
requirements, or is subject to a data call-in. In all cases, product-
specific disposition dates will be given in the cancellation orders.
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. Unless the provisions of an earlier order apply,
existing stocks already in the hands of dealers or users can be
distributed, sold, or used legally until they are exhausted, provided
that such further sale and use comply with the
[[Page 23712]]
EPA-approved label and labeling of the affected product. Exception to
these general rules will be made in specific cases when more stringent
restrictions on sale, distribution, or use of the products or their
ingredients have already been imposed, as in a special review action,
or where the Agency has identified significant potential risk concerns
associated with a particular chemical.
If the requests for voluntary cancellation and use termination are
granted, the Agency intends to publish the cancellation order in the
Federal Register that will allow persons other than the registrant to
continue to sell and/or use existing stocks of canceled products 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. The Agency will publish the cancellation order in the Federal
Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: May 7, 2009.
Richard P. Keigwin, Jr.,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E9-11631 Filed 5-19-09; 8:45 am]
BILLING CODE 6560-50-S
