Imidacloprid, Oxamyl, and Methomyl; Notice of Receipt of Requests to Voluntarily Amend Pesticide Registrations To Terminate Certain Uses, 1684-1687 [2012-229]
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Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices
registration_review. Links to earlier
documents related to the registration
review of these pesticide are provided
at: https://www.epa.gov/oppsrrd1/
registration_review/butylate/, https://
www.epa.gov/oppsrrd1/
registration_review/fenoxycarb/, https://
www.epa.gov/oppsrrd1/
registration_review/
sodium_tetrathiocarbonate/, and https://
www.epa.gov/oppsrrd1/
registration_review/temephos/.
B. What is the agency’s authority for
taking this action?
Section 3(g) of FIFRA and 40 CFR part
155, subpart C, provide authority for
this action.
List of Subjects
Environmental protection,
Registration review, Pesticides and
pests, Butylate, Fenoxycarb, Sodium
tetrathiocarbonate, and Temephos.
Dated: December 21, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2012–212 Filed 1–10–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2011–0933; FRL–9328–2]
Imidacloprid, Oxamyl, and Methomyl;
Notice of Receipt of Requests to
Voluntarily Amend Pesticide
Registrations To Terminate Certain
Uses
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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
registrants to voluntarily amend certain
imidacloprid product registrations to
delete use on almonds, to voluntarily
amend oxamyl product registrations to
delete use on soybeans, and to
voluntarily amend methomyl product
registrations to delete use on grapes.
The requests would not terminate the
last imidacloprid, oxamyl, or methomyl
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 it
receives substantive comments within
the comment period that would merit
further review of the request, or unless
one or more of the registrants withdraws
its request. If the Agency grants these
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SUMMARY:
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requests, any sale, distribution, or use of
products listed in this notice will be
permitted after the uses are deleted only
if such sale, distribution, or use is
consistent with the terms as described
in the final order.
DATES: Comments must be received on
or before February 10, 2012.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2011–0933 and
pesticide active ingredient to which
they pertain (imidacloprid, oxamyl, or
methomyl), 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–2011–
0933, and identify the pesticide active
ingredient (imidacloprid, oxamyl, or
methomyl) to which they pertain. EPA’s
policy is that all comments received
will be included in the docket without
change and may be made available online 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 Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
regulations.gov, your email 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
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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:
Contact the appropriate Chemical
Review Manager identified in the table
in this unit for the pesticide active
ingredient of interest:
Pesticide active ingredient
Chemical review manager’s
name and contact information
Imidacloprid ....
Rusty Wasem, Telephone
number: (703) 305–6979,
email address:
wasem.russell@epa.gov.
Tom Myers, Telephone number: (703) 308–8589,
email address:
myers.tom@epa.gov.
Monica Wait, Telephone
number: (703) 347–8019,
email address:
wait.monica@epa.gov.
Methomyl .......
Oxamyl ...........
Alternatively, you can write to the
appropriate Chemical Review Manager’s
attention at: Pesticide Re-evaluation
Division (7508P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460–0001.
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
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B. How do I submit comments and other
related information?
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.
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. 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.
II. Background on the Receipt of
Requests To Amend Registrations To
Delete Uses
This notice announces receipt by EPA
of requests from Bayer CropScience,
United Phosphorus, Source Dynamics,
IPM Resources, Makhteshim Agan,
Sharda, and Willowood to delete the
almond use from imidacloprid product
registrations. This notice also
announces receipt by EPA of requests
from DuPont Crop Protection to delete
the soybean use from oxamyl product
registrations and to delete the grape use
from methomyl product registrations.
In letters dated February 25, 2011
(Bayer CropScience), March 10, 2011
(United Phosphorus, Source Dynamics,
Willowood), March 14, 2011 (Sharda
USA LLC), March 16, 2011 (Sharda
Worldwide Exports PVT. LTD.), March
17, 2011 (IPM Resources), and March
18, 2011 (Makhteshim Agan), registrants
requested that the EPA amend the
respective imidacloprid product
registrations to delete use on almonds,
summarized in Table 1 of Unit III. These
cancellations are not due to human
health (dietary) issues. Imidacloprid is a
systemic neonicotinoid insecticide used
on food crops, ornamentals, turf, seed
treatments, domestic pets, and
structural pests. The deletion of these
uses will not terminate the last
imidacloprid products registered in the
United States.
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.
In a letter dated October 19, 2011,
DuPont Crop Protection requested that
the EPA amend the respective oxamyl
product registrations to delete use on
soybeans, summarized in Table 1 of
Unit III. Oxamyl is a restricted use Nmethyl carbamate (NMC) insecticide,
acaricide, miticide, nematicide, and
plant growth regulator registered for use
on a variety of fruits, vegetables, and
field crops. It is a member of the NMC
class of chemicals that share a common
mechanism of toxicity and inhibit
acetylcholinesterase. Use of oxamyl on
soybeans was removed from all oxamyl
product labels in 2006 following the
Oxamyl Reregistration Eligibility
Decision. Deletion of the soybean use
will not terminate the last oxamyl
products registered in the United States.
In a letter dated November 18, 2010,
DuPont Crop Protection requested that
the EPA amend the respective
methomyl product registrations to
delete use on grapes, summarized in
Table 1 of Unit III. Methomyl is an NMC
insecticide and miticide, registered for
use on a variety of fruits, vegetables, and
field crops. Deletion of the grape use
will not terminate the last methomyl
products registered in the United States.
III. What action is the agency taking?
This notice announces receipt by EPA
of requests from registrants to delete
almond uses of imidacloprid product
registrations, the soybean uses of
oxamyl product registrations, and the
grape uses of methomyl product
registrations. These requests terminate
the use of imidacloprid on almonds,
oxamyl on soybeans, and methomyl on
grapes. The affected products and the
registrants making the requests are
identified in Table 1 of this unit.
Unless a request is withdrawn by the
registrant or if the Agency determines
that there are substantive comments that
warrant further review of this request,
EPA intends to issue an order amending
the affected registrations.
TABLE 1—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT
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EPA Registration No.
Product name
264–755 ............................
264–756 ............................
264–1131 ..........................
66222–156 ........................
66222–228 ........................
70506–122 ........................
70506–153 ........................
70506–154 ........................
81598–5 ............................
82542–16 ..........................
82542–25 ..........................
82633–8 ............................
83529–6 ............................
Imidacloprid Technical .................................................
Merit 75% Concentrate Insecticide .............................
Gaucho 600 Flowable Concentrate .............................
MANA Alias 4F ............................................................
Pasada 1.6 Flowable Insecticide .................................
UPI Imidacloprid Technical Insecticide .......................
Imidacloprid 70 DF Agricultural Insecticide .................
Fist 1.6 F Insecticide ...................................................
Rotam Imidacloprid Technical .....................................
Technical Imidacloprid .................................................
Imidacloprid 2F Insecticide ..........................................
Imidacloprid Technical .................................................
Midash Forte Insecticide .............................................
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Active ingredient
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Imidacloprid
Imidacloprid
Imidacloprid
Imidacloprid
Imidacloprid
Imidacloprid
Imidacloprid
Imidacloprid
Imidacloprid
Imidacloprid
Imidacloprid
Imidacloprid
Imidacloprid
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
E:\FR\FM\11JAN1.SGM
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Uses to be deleted
Almonds.
Almonds.
Almonds.
Almonds.
Almonds.
Almonds.
Almonds.
Almonds.
Almonds.
Almonds.
Almonds.
Almonds.
Almonds.
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Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices
TABLE 1—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT—Continued
EPA Registration No.
Product name
Active ingredient
87290–14 ..........................
83558–34 ..........................
352–372 ............................
352–400 ............................
352–532 ............................
352–361 ............................
352–366 ............................
Willowood Imidacloprid 4SC ........................................
Imidacloprid Technical Insecticide ...............................
Vydate L Insecticide/Nematicide .................................
DuPont Oxamyl Technical 42 Insecticide/Nematicide
Vydate C–LV Insecticide/Nematicide ..........................
DuPont Methomyl Composition ...................................
DuPont Methomyl Technical .......................................
Imidacloprid ........................................
Imidacloprid ........................................
Oxamyl ...............................................
Oxamyl ...............................................
Oxamyl ...............................................
Methomyl ...........................................
Methomyl ...........................................
Table 2 of this unit includes the name
and address of record for the registrants
of the products listed in Table 1 of this
unit, by EPA company number. This
number corresponds to the first part of
the EPA registration numbers of the
products listed in Table 1 of this unit.
TABLE 2—REGISTRANTS REQUESTING
AMENDMENT
EPA Company
No.
Company name and address
264 .................
Bayer CropScience, 2 T.W.
Alexander Drive, P.O. Box
12014, Research Triangle
Park, NC 27709.
E.I. Du Pont de Nemours
and Co., Inc., DuPont
Crop Protection, 1007
Market Street, Wilmington,
DE 19898.
Makhteshim Agan of North
America, Inc., 4515 Falls
of Neuse Road, Suite 300,
Raleigh, NC 27609.
United Phosphorus, Inc., 630
Freedom Business Center,
Suite 402, King of Prussia,
PA 19406.
IPM Resources LLC, 4032
Crockers Lake Blvd., Suite
818, Sarasota, FL 34238.
Source Dynamics, Inc.,
10039 E. Troon North
Drive, Scottsdale, AZ
85262.
Sharda Worldwide Exports,
7460 Lancaster Pike, Suite
9, Hockessin, DE 19707.
Sharda USA LLC., 7460
Lancaster Pike, Suite 9,
Hockessin, DE 19707.
Celsius Property B.V. Amsterdam (NL), c/o
Makhteshim Agan of North
America, Inc., 4515 Falls
of Neuse Road, Suite 300,
Raleigh, NC 27609.
Willowood, LLC, 1600 NW
Garden Valley Blvd., Suite
130, Roseburg, OR 97471.
352 .................
66222 .............
70506 .............
81598 .............
82542 .............
82633 .............
83529 .............
83558 .............
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87290 .............
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
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amended to terminate one or more uses.
FIFRA further provides that, before
acting on the request, EPA must publish
a notice of receipt of any such request
in the Federal Register. Section
6(f)(1)(B) of FIFRA requires that before
acting on a request for voluntary
cancellation, EPA must provide a 30day public comment period on the
request for voluntary cancellation or use
termination. In addition, FIFRA section
6(f)(1)(C) requires that EPA provide a
180-day comment period on a request
for voluntary cancellation or
termination of any minor agricultural
use before granting the request, unless:
1. The registrants request a waiver of
the comment period, or
2. The EPA Administrator determines
that continued use of the pesticide
would pose an unreasonable adverse
effect on the environment.
The imidacloprid and methomyl
registrants associated with this action
have requested EPA waive the 180-day
comment period. The oxamyl
registrant’s request to delete the soybean
use does not constitute a minor
agricultural use, and as such, the 180day comment period does not apply.
Accordingly, EPA will provide a 30-day
comment period on the proposed
imidacloprid, oxamyl, and methomyl
requests.
V. Procedures for Withdrawal of
Requests
Registrants who choose to withdraw a
request for product cancellation or use
deletion should submit the withdrawal
in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, no later
than 30 days from publication of 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
Existing stocks are those stocks of
registered pesticide products that are
currently in the United States and that
were packaged, labeled, and released for
shipment prior to the effective date of
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Uses to be deleted
Almonds.
Almonds.
Soybeans.
Soybeans.
Soybeans.
Grapes.
Grapes.
the action. If the requests for
amendments to delete uses are granted,
the Agency intends to publish the
cancellation order in the Federal
Register.
In any order issued in response to
these requests for amendments to delete
uses, EPA proposes to include the
following provisions for the treatment of
any existing stocks of the products
listed in Table 1 of Unit III.
For imidacloprid, the registrants
listed in Table 1 will be permitted to
sell and distribute existing stocks of
products under the previously approved
labeling for a period of 18 months after
publication of the cancellation order in
the Federal Register. Thereafter,
registrants will be prohibited from
selling or distributing the products
whose labels include the deleted uses
identified in Table 1 of Unit III., except
for export consistent with FIFRA section
17 or for proper disposal.
Persons other than the registrant may
sell, distribute, or use existing stocks of
products (including those of (24c)
Special Local Needs Registration) whose
labels include the deleted uses until
such stocks are exhausted, provided that
such sale, distribution, or use is
consistent with the terms of the
previously approved labeling on, or that
accompanied, the deleted uses.
Once EPA has approved amended
imidacloprid product labels reflecting
the requested amendments to delete
almond uses, registrants will be
permitted to sell or distribute products
under the previously approved labeling
for a period of 18 months after the date
of Federal Register publication of the
cancellation order, unless other
restrictions have been imposed.
Thereafter, registrants will be prohibited
from selling or distributing the products
whose labels include the deleted uses
identified in Table 1 of Unit III., except
for export consistent with FIFRA section
17 or for proper disposal.
For methomyl, now that EPA has
approved amended product labels
reflecting the requested amendments to
delete the grape use, the registrants will
be permitted to sell or distribute
products under the previously approved
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labeling until June 8, 2012. Thereafter,
registrants will be prohibited from
selling or distributing the products
whose labels include the deleted uses
identified in Table 1 of Unit III., except
for export consistent with FIFRA section
17 or for proper disposal. For oxamyl,
because the soybean use has not been
included on oxamyl product labels
since 2006, EPA and the registrant
believe that no existing stocks period is
needed.
List of Subjects
Environmental protection, Almond,
Grape, Imidacloprid, Methomyl,
Oxamyl, Pesticides and pests, Soybean.
Dated: December 15, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2012–229 Filed 1–10–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2011–0986; FRL–9617–1]
EPA Workshops on Achieving Water
Quality Through Integrated Municipal
Stormwater and Wastewater Plans
Under the Clean Water Act (CWA)
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency is holding a series of workshops
to solicit the individual views of
stakeholders on the use of integrated
municipal stormwater and wastewater
plans to meet the water quality
objectives of the CWA. The workshops
are intended to assist EPA in developing
an integrated planning approach
framework that could be used to help
municipalities prioritize their
infrastructure investments in order to
maximize water quality benefits and
consider various innovative approaches,
such as green infrastructure, that may be
more sustainable. The workshops will
include a facilitated discussion with
representatives of organizations that
represent elected local officials, publicly
owned treatment works (POTW),
municipal stormwater managers, state
NPDES permitting and enforcement
authorities, and environmental
advocacy groups. EPA invites other
interested members of the public to
observe the workshops and to offer
verbal comments at designated times
during the workshops.
In addition to submitting information
at the listening sessions, the public may
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also provide input to the Agency
through email, fax or mail.
DATES: EPA is asking for statements and
input from the interested public on or
before February 29, 2012. The dates for
the workshops are provided below.
ADDRESSES: Submit your statements or
input, identified by Docket ID No. EPA–
HQ–OW–2011–0986, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
input.
• Email: OW–Docket@epa.gov,
Attention Docket ID No. EPA–HQ–OW–
2011–0986.
• Fax: (202) 566–9744.
• Mail: Water Docket, U.S.
Environmental Protection Agency, Mail
code: 4203M, 1200 Pennsylvania Ave.
NW., Washington, DC 20460. Attention
Docket ID No. EPA–HQ–OW–2011–
0986.
• Hand Delivery: Water Docket, EPA
Docket Center, EPA West Building
Room 3334, 1301 Constitution Ave.
NW., Washington, DC, Attention Docket
ID No. EPA–HQ–OW–2011–0986. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your input to
Docket ID No. EPA–HQ–OW–2011–
0986. EPA’s policy is that all input
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the input 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 www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your input.
If you send an email with input directly
to EPA without going through
www.regulations.gov your email address
will be automatically captured and
included as part of the input that is
placed in the public docket and made
available on the Internet. If you submit
an electronic input, EPA recommends
that you include your name and other
contact information in the body of your
input and with any disk or CD–ROM
you submit. If EPA cannot read your
input due to technical difficulties and
cannot contact you for clarification, EPA
may not be able to consider your input.
Electronic files should avoid the use of
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special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: For
further information about this notice,
contact Kevin Weiss, EPA Headquarters,
Office of Water, Office of Wastewater
Management at tel.: (202) 564–0742 or
email: weiss.kevin@epa.gov.
Workshop Dates and Addresses: The
workshops will be held on the following
dates at the listed locations:
• January 31, 2012, 10 a.m. to 3 p.m.
at EPA Region 4 Office, 61 Forsyth
Street SW., Atlanta, GA 30303;
• February 6, 2012, 10 a.m. to 3 p.m.
at EPA Region 2 Office, 290 Broadway,
New York, NY 10007–1866;
• February 13, 2012, 10 a.m. to 3 p.m.
at EPA Region 10 Office, 1200 Sixth
Avenue Seattle, WA 98101;
• February 15, 2012, 10 a.m. to 3 p.m.
at EPA Region 7 Office, 901 N. 5th
Street Kansas City, KS 66101; and
• February 17, 2012, 10 a.m. to 3 p.m.
at EPA Region 5 Office, 77 West Jackson
Boulevard Chicago, IL 60604–3507.
If you plan to participate in a
workshop as an observer, whether or not
you plan to make verbal comments, EPA
requests that you preregister by January
20, 2012 at https://www.epa.gov/npdes/
integratedplans.
SUPPLEMENTARY INFORMATION:
I. Background
Since the passage of the CWA, great
progress has been made toward
restoring the nation’s waters. Many
more streams, rivers and bays are
fishable and swimmable than 40 years
ago. During this time, the overall
number of people served by municipal
wastewater treatment facilities that
either do not discharge or provide at
least secondary treatment increased
from 84.1 million in 1972 to 222.5
million in 2008. In addition, many
municipalities have begun to make
significant investments in advanced
treatment, controlling combined sewer
overflows (CSOs) and sanitary sewer
overflows (SSOs) and are beginning to
address water quality problems
associated with stormwater.
While significant progress has been
made in reducing pollutant discharges,
much work remains to be done to
restore impaired waters. The challenges
municipalities face in making additional
water quality improvements are
particularly complex. Providing
advanced treatment for nutrients and
controlling combined sewer overflows
(CSOs), sanitary sewer overflows
E:\FR\FM\11JAN1.SGM
11JAN1
Agencies
[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1684-1687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-229]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2011-0933; FRL-9328-2]
Imidacloprid, Oxamyl, and Methomyl; Notice of Receipt of Requests
to Voluntarily Amend Pesticide Registrations To Terminate Certain Uses
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 registrants to voluntarily amend
certain imidacloprid product registrations to delete use on almonds, to
voluntarily amend oxamyl product registrations to delete use on
soybeans, and to voluntarily amend methomyl product registrations to
delete use on grapes. The requests would not terminate the last
imidacloprid, oxamyl, or methomyl 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 it receives substantive
comments within the comment period that would merit further review of
the request, or unless one or more of the registrants withdraws its
request. If the Agency grants these requests, any sale, distribution,
or use of products listed in this notice will be permitted after the
uses are deleted only if such sale, distribution, or use is consistent
with the terms as described in the final order.
DATES: Comments must be received on or before February 10, 2012.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2011-0933 and pesticide active ingredient to
which they pertain (imidacloprid, oxamyl, or methomyl), 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-
2011-0933, and identify the pesticide active ingredient (imidacloprid,
oxamyl, or methomyl) to which they pertain. 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 Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through regulations.gov, your email 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: Contact the appropriate Chemical
Review Manager identified in the table in this unit for the pesticide
active ingredient of interest:
------------------------------------------------------------------------
Chemical review manager's name
Pesticide active ingredient and contact information
------------------------------------------------------------------------
Imidacloprid........................... Rusty Wasem, Telephone number:
(703) 305-6979, email address:
wasem.russell@epa.gov.
Methomyl............................... Tom Myers, Telephone number:
(703) 308-8589, email address:
myers.tom@epa.gov.
Oxamyl................................. Monica Wait, Telephone number:
(703) 347-8019, email address:
wait.monica@epa.gov.
------------------------------------------------------------------------
Alternatively, you can write to the appropriate Chemical Review
Manager's attention at: Pesticide Re-evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460-0001.
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
[[Page 1685]]
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 do I submit comments and other related information?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background on the Receipt of Requests To Amend Registrations To
Delete Uses
This notice announces receipt by EPA of requests from Bayer
CropScience, United Phosphorus, Source Dynamics, IPM Resources,
Makhteshim Agan, Sharda, and Willowood to delete the almond use from
imidacloprid product registrations. This notice also announces receipt
by EPA of requests from DuPont Crop Protection to delete the soybean
use from oxamyl product registrations and to delete the grape use from
methomyl product registrations.
In letters dated February 25, 2011 (Bayer CropScience), March 10,
2011 (United Phosphorus, Source Dynamics, Willowood), March 14, 2011
(Sharda USA LLC), March 16, 2011 (Sharda Worldwide Exports PVT. LTD.),
March 17, 2011 (IPM Resources), and March 18, 2011 (Makhteshim Agan),
registrants requested that the EPA amend the respective imidacloprid
product registrations to delete use on almonds, summarized in Table 1
of Unit III. These cancellations are not due to human health (dietary)
issues. Imidacloprid is a systemic neonicotinoid insecticide used on
food crops, ornamentals, turf, seed treatments, domestic pets, and
structural pests. The deletion of these uses will not terminate the
last imidacloprid products registered in the United States.
In a letter dated October 19, 2011, DuPont Crop Protection
requested that the EPA amend the respective oxamyl product
registrations to delete use on soybeans, summarized in Table 1 of Unit
III. Oxamyl is a restricted use N-methyl carbamate (NMC) insecticide,
acaricide, miticide, nematicide, and plant growth regulator registered
for use on a variety of fruits, vegetables, and field crops. It is a
member of the NMC class of chemicals that share a common mechanism of
toxicity and inhibit acetylcholinesterase. Use of oxamyl on soybeans
was removed from all oxamyl product labels in 2006 following the Oxamyl
Reregistration Eligibility Decision. Deletion of the soybean use will
not terminate the last oxamyl products registered in the United States.
In a letter dated November 18, 2010, DuPont Crop Protection
requested that the EPA amend the respective methomyl product
registrations to delete use on grapes, summarized in Table 1 of Unit
III. Methomyl is an NMC insecticide and miticide, registered for use on
a variety of fruits, vegetables, and field crops. Deletion of the grape
use will not terminate the last methomyl products registered in the
United States.
III. What action is the agency taking?
This notice announces receipt by EPA of requests from registrants
to delete almond uses of imidacloprid product registrations, the
soybean uses of oxamyl product registrations, and the grape uses of
methomyl product registrations. These requests terminate the use of
imidacloprid on almonds, oxamyl on soybeans, and methomyl on grapes.
The affected products and the registrants making the requests are
identified in Table 1 of this unit.
Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order amending the
affected registrations.
Table 1--Product Registrations With Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
EPA Registration No. Product name Active ingredient Uses to be deleted
----------------------------------------------------------------------------------------------------------------
264-755........................... Imidacloprid Imidacloprid......... Almonds.
Technical.
264-756........................... Merit 75% Concentrate Imidacloprid......... Almonds.
Insecticide.
264-1131.......................... Gaucho 600 Flowable Imidacloprid......... Almonds.
Concentrate.
66222-156......................... MANA Alias 4F........ Imidacloprid......... Almonds.
66222-228......................... Pasada 1.6 Flowable Imidacloprid......... Almonds.
Insecticide.
70506-122......................... UPI Imidacloprid Imidacloprid......... Almonds.
Technical
Insecticide.
70506-153......................... Imidacloprid 70 DF Imidacloprid......... Almonds.
Agricultural
Insecticide.
70506-154......................... Fist 1.6 F Imidacloprid......... Almonds.
Insecticide.
81598-5........................... Rotam Imidacloprid Imidacloprid......... Almonds.
Technical.
82542-16.......................... Technical Imidacloprid......... Almonds.
Imidacloprid.
82542-25.......................... Imidacloprid 2F Imidacloprid......... Almonds.
Insecticide.
82633-8........................... Imidacloprid Imidacloprid......... Almonds.
Technical.
83529-6........................... Midash Forte Imidacloprid......... Almonds.
Insecticide.
[[Page 1686]]
87290-14.......................... Willowood Imidacloprid......... Almonds.
Imidacloprid 4SC.
83558-34.......................... Imidacloprid Imidacloprid......... Almonds.
Technical
Insecticide.
352-372........................... Vydate L Insecticide/ Oxamyl............... Soybeans.
Nematicide.
352-400........................... DuPont Oxamyl Oxamyl............... Soybeans.
Technical 42
Insecticide/
Nematicide.
352-532........................... Vydate C-LV Oxamyl............... Soybeans.
Insecticide/
Nematicide.
352-361........................... DuPont Methomyl Methomyl............. Grapes.
Composition.
352-366........................... DuPont Methomyl Methomyl............. Grapes.
Technical.
----------------------------------------------------------------------------------------------------------------
Table 2 of this unit includes the name and address of record for
the registrants of the products listed in Table 1 of this unit, by EPA
company number. This number corresponds to the first part of the EPA
registration numbers of the products listed in Table 1 of this unit.
Table 2--Registrants Requesting Amendment
------------------------------------------------------------------------
EPA Company No. Company name and address
------------------------------------------------------------------------
264....................................... Bayer CropScience, 2 T.W.
Alexander Drive, P.O. Box
12014, Research Triangle
Park, NC 27709.
352....................................... E.I. Du Pont de Nemours and
Co., Inc., DuPont Crop
Protection, 1007 Market
Street, Wilmington, DE
19898.
66222..................................... Makhteshim Agan of North
America, Inc., 4515 Falls
of Neuse Road, Suite 300,
Raleigh, NC 27609.
70506..................................... United Phosphorus, Inc., 630
Freedom Business Center,
Suite 402, King of Prussia,
PA 19406.
81598..................................... IPM Resources LLC, 4032
Crockers Lake Blvd., Suite
818, Sarasota, FL 34238.
82542..................................... Source Dynamics, Inc., 10039
E. Troon North Drive,
Scottsdale, AZ 85262.
82633..................................... Sharda Worldwide Exports,
7460 Lancaster Pike, Suite
9, Hockessin, DE 19707.
83529..................................... Sharda USA LLC., 7460
Lancaster Pike, Suite 9,
Hockessin, DE 19707.
83558..................................... Celsius Property B.V.
Amsterdam (NL), c/o
Makhteshim Agan of North
America, Inc., 4515 Falls
of Neuse Road, Suite 300,
Raleigh, NC 27609.
87290..................................... Willowood, LLC, 1600 NW
Garden Valley Blvd., Suite
130, Roseburg, OR 97471.
------------------------------------------------------------------------
IV. What is the agency's authority for taking this action?
Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Section
6(f)(1)(B) of FIFRA requires that before acting on a request for
voluntary cancellation, EPA must provide a 30-day public comment period
on the request for voluntary cancellation or use termination. In
addition, FIFRA section 6(f)(1)(C) requires that EPA provide a 180-day
comment period on a request for voluntary cancellation or termination
of any minor agricultural use before granting the request, unless:
1. The registrants request a waiver of the comment period, or
2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
The imidacloprid and methomyl registrants associated with this
action have requested EPA waive the 180-day comment period. The oxamyl
registrant's request to delete the soybean use does not constitute a
minor agricultural use, and as such, the 180-day comment period does
not apply. Accordingly, EPA will provide a 30-day comment period on the
proposed imidacloprid, oxamyl, and methomyl requests.
V. Procedures for Withdrawal of Requests
Registrants who choose to withdraw a request for product
cancellation or use deletion should submit the withdrawal in writing to
the person listed under FOR FURTHER INFORMATION CONTACT, no later than
30 days from publication of 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
Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the requests for amendments to delete uses are granted, the
Agency intends to publish the cancellation order in the Federal
Register.
In any order issued in response to these requests for amendments to
delete uses, EPA proposes to include the following provisions for the
treatment of any existing stocks of the products listed in Table 1 of
Unit III.
For imidacloprid, the registrants listed in Table 1 will be
permitted to sell and distribute existing stocks of products under the
previously approved labeling for a period of 18 months after
publication of the cancellation order in the Federal Register.
Thereafter, registrants will be prohibited from selling or distributing
the products whose labels include the deleted uses identified in Table
1 of Unit III., except for export consistent with FIFRA section 17 or
for proper disposal.
Persons other than the registrant may sell, distribute, or use
existing stocks of products (including those of (24c) Special Local
Needs Registration) whose labels include the deleted uses until such
stocks are exhausted, provided that such sale, distribution, or use is
consistent with the terms of the previously approved labeling on, or
that accompanied, the deleted uses.
Once EPA has approved amended imidacloprid product labels
reflecting the requested amendments to delete almond uses, registrants
will be permitted to sell or distribute products under the previously
approved labeling for a period of 18 months after the date of Federal
Register publication of the cancellation order, unless other
restrictions have been imposed. Thereafter, registrants will be
prohibited from selling or distributing the products whose labels
include the deleted uses identified in Table 1 of Unit III., except for
export consistent with FIFRA section 17 or for proper disposal.
For methomyl, now that EPA has approved amended product labels
reflecting the requested amendments to delete the grape use, the
registrants will be permitted to sell or distribute products under the
previously approved
[[Page 1687]]
labeling until June 8, 2012. Thereafter, registrants will be prohibited
from selling or distributing the products whose labels include the
deleted uses identified in Table 1 of Unit III., except for export
consistent with FIFRA section 17 or for proper disposal. For oxamyl,
because the soybean use has not been included on oxamyl product labels
since 2006, EPA and the registrant believe that no existing stocks
period is needed.
List of Subjects
Environmental protection, Almond, Grape, Imidacloprid, Methomyl,
Oxamyl, Pesticides and pests, Soybean.
Dated: December 15, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2012-229 Filed 1-10-12; 8:45 am]
BILLING CODE 6560-50-P