Metaldehyde; Amendment To Terminate Uses, 40136-40138 [2013-16035]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Pages 40136-40138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16035]


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 ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0231; FRL-9384-5]


Metaldehyde; Amendment To Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the amendment to 
terminate uses, voluntarily requested by the registrant and accepted by 
the Agency, of a product containing metaldehyde, pursuant to the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This order 
follows a March 23, 2012 Federal Register Notice of Receipt of a 
Request from the registrant listed in Table 2 of Unit II. to 
voluntarily amend to terminate uses of this product registration. This 
is not the last product containing this pesticide registered for use in 
the United States. In the March 23, 2012 notice, EPA indicated that it 
would issue an order implementing the amendment to terminate uses, 
unless the Agency received substantive comments within the 180-day 
comment period that would merit its further review of these requests, 
or unless the registrant withdrew its request. The Agency received 
comments on the notice but none merited its further review of the 
requests. Further, the registrant did not withdraw its request. 
Accordingly, EPA hereby issues in this notice a cancellation order 
granting the requested amendment to terminate uses. Any distribution, 
sale, or use of the products subject to this cancellation order is 
permitted only in accordance with the terms of this order, including 
any existing stocks provisions.

DATES: The amendment is effective July 3, 2013.

FOR FURTHER INFORMATION CONTACT: Jill Bloom, Pesticide Re-Evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 308-8019; fax number: (703) 308-8005; 
email address: bloom.jill@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may be interested, the Agency 
has not attempted to describe all the specific entities that may be 
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0231, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution 
Ave. NW., Washington, DC 20460-0001. 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 OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information 
about the docket available at https://www.epa.gov/dockets.

II. What action is the agency taking?

    This notice announces the amendment to terminate uses, as requested 
by the registrant of a product registered under FIFRA section 3. The 
EPA registration number and product name are shown in Table 1 of this 
unit.

                       Table 2--Metaldehyde Product Registration Amendment To Delete Uses
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      EPA Registration No.              Product name                 Uses deleted--all but the following:
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6836-107.......................  Lonza Meta Metaldehyde      Artichokes, blueberries, caneberries (bingleberry,
                                  Technical Molluscicide.     black raspberry, blackberry, boysenberry,
                                                              dewberry, lowberry, marionberry, olallieberry, red
                                                              raspberry, youngberry) and other berries (currant,
                                                              elderberry, gooseberry, huckleberry, loganberry,
                                                              lingonberry, juneberry, salal), citrus, lettuce,
                                                              cole crops and other leafy greens (broccoli,
                                                              Brussels sprouts, cabbage, cauliflower, cavalo
                                                              broccolo, collards, kale, kohlrabi, mizuna,
                                                              mustard greens, mustard spinach, rape greens),
                                                              grass grown for seed, ornamentals, prickly pear
                                                              cactus, tomato, strawberry, watercress, and use
                                                              sites with directions for use in state and/or
                                                              Federal invasive mollusk eradication operations.
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    Table 2 of this unit includes the names and address of record for 
the registrant of the product in Table 1 of this unit, in sequence by 
EPA company number. The company number corresponds to the first part of 
the EPA registration number of the product listed above.

                Table 3--Registrants of Amended Products
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           EPA company No.                 Company name and address
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6836................................  Lonza, Inc.
                                      90 Boroline Road
                                      Allendale, NJ 07401
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III. Summary of Public Comments Received and Agency Response to 
Comments

    A summary of the public comments in response to March 23, 2013 
notice and the Agency's responses to those comments are provided below.
    IR-4 Project Headquarters at Rutgers University (IR-4) requested 
that certain uses for which the registrant has

[[Page 40137]]

requested termination remain registered. IR-4 submitted a petition 
(PP2E8070) on July 30, 2012, in support of proposed tolerances 
for grass grown for seed, leaf petioles, peppermint, spearmint, 
wetland, Caneberry subgroup 13-07A, Bushberry subgroup 13-07B and Berry 
low growing subgroup 13-07G. IR-4 noted that, since the petition is 
currently under review by the Agency, it would be most efficient to 
maintain the registrations until the data have been evaluated. IR-4 
also noted that it is currently conducting residue studies in support 
of minor uses of metaldehyde on legume subgroups 6A, 6B, and 6C, 
ginseng, and Pacific Northwest only uses on wheat and root vegetables, 
in addition to completing a residue study supporting the use on clover 
grown for seed. IR-4 is requesting that these uses also be retained. 
Finally, IR-4 requests clarification on whether or not use is permitted 
on ornamentals in greenhouses, hoophouses, and other indoor production 
structures.
    Oregon State University commented that losing the use of 
metaldehyde on the crops included in the IR-4 petition and the ongoing 
residue studies would negatively impact slug and snail management in 
Oregon, and that growers would be likely to suffer significant economic 
losses if metaldehyde was no longer an option for control of these 
pests.
    Virginia Polytechnic Institute and State University, University of 
Delaware, and the Pennsylvania State University commented on the need 
for metaldehyde to control slugs in the Mid-Atlantic region, 
particularly on corn, soybean, canola, and other field crops. All three 
commenters indicated that while the increased adoption of no-till 
cultural practices has many advantages for the grower and the 
environment, reduced tillage can result in increased slug populations. 
Pest pressure may cause farmers to return to conventional tillage, with 
its potential for increased run-off into the Chesapeake Bay. 
Additionally, the use of the highly toxic carbamate insecticide 
methomyl as a control for slugs has been increasing in the Mid-Atlantic 
States since the pest was added via a FIFRA Section 2(ee) 
recommendation from the manufacturer. One commenter expressed the view 
that that recent studies show methomyl to be of limited efficacy.
    EPA response to all comments: Some of the uses the commenters have 
asked the Agency to retain have already been approved, including grass 
grown for seed, strawberries, blueberries, and caneberries and 
bushberries in the former commodity subgroups 13A and 13B, thus they 
need not be covered by this use termination order. The other uses that 
IR-4 and other commenters requested be retained have never been listed 
explicitly on the label for Registration Number 6836-107. That label 
was amended in 2012 to allow formulation only into products for use on 
sites determined to be eligible for reregistration and sites 
subsequently approved in registration or tolerance actions.
    The metaldehyde uses that would be terminated based on the 
registrant's request have not undergone complete human health and 
ecological risk assessments, either during the course of reregistration 
or subsequently through registration or tolerance actions. The IR-4 
program has developed or is developing residue data on some of the uses 
the commenters would like to have retained. The tolerance assessments 
for the uses of metaldehyde covered by the already submitted petition 
are scheduled to be complete in November 2013.
    The risk concerns cited in the metaldehyde Reregistration 
Eligibility Decision include risks to wildlife. Until both the human 
health and ecological risk assessments are conducted for any uses other 
than those covered in Table 1 in Unit II, decisions on the registration 
of metaldehyde for other uses, including acceptable use parameters and 
directions for use, cannot be made.
    The Agency acknowledges the particular role pesticides play in 
managing pest problems in no-till or reduced tillage farming, as well 
as the positive impact these farming systems can have on run-off and 
water quality. In order for the use of metaldehyde to be permitted in 
no-till/reduced tillage field crops, or any other use site mentioned by 
the commenters, a full Suite of data, covering both human health and 
ecological risk, must be submitted in support of an application to 
register that use. The decision to make such applications and to submit 
supporting data is typically made by the registrant, although other 
entities may take on those responsibilities. Thus the uses that the 
commenters would like to have retained could be approved in the future 
if the necessary steps to registration are undertaken.
    While we acknowledge the value of metaldehyde in controlling slugs 
and snails, particularly outside of conventional tillage, we are unable 
at this time to approve the uses the commenters would like to retain. 
For this reason, the Agency does not believe that the comments 
submitted during the comment period merit denial of the requests for 
voluntary use deletion.
    In response to the question about the use of metaldehyde on 
ornamentals, the Agency wishes to clarify that approved ornamental uses 
include ornamentals in greenhouses, hoophouses, and other indoor 
ornamentals production facilities, as well as outdoor plants.
    To address concerns about the efficacy of methomyl for slugs, the 
Agency has notified the methomyl registrant about the new efficacy data 
from Delaware and is reviewing the information internally.

IV. Order for the Amendment To Terminate Uses

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendment to terminate uses of the metaldehyde registration identified 
in Table 1 of Unit II. Accordingly, the Agency hereby orders that the 
product registration identified in Table 1 of Unit II. is amended to 
terminate the affected uses. The effective date of the amendments that 
is the subject of this notice is July 3, 2013. Any distribution, sale, 
or use of existing stocks of the products identified in Table 1 of Unit 
II. in a manner inconsistent with any of the provisions for disposition 
of existing stocks set forth in Unit VI. will be a violation of FIFRA.

V. 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 EPA Administrator may approve 
such a request. The notice of receipt for this action was published for 
comment on March 23, 2012 (77 FR 17052-17055) (FRL-9342-6). The comment 
period closed on September 19, 2012.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
which are currently in the United States and which were packaged, 
labeled, and released for shipment prior to the effective date of the 
action. The existing stocks provision for the products subject to this 
order is as follows.
    Registrants are permitted to sell or distribute products listed in 
Table 1 of Unit II. under the previously approved labeling until July 
3, 2014, a period of 12 months after publication of the cancellation 
order in this Federal

[[Page 40138]]

Register, 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 II., 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 whose labels include the deleted uses until 
supplies 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.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 21, 2013.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2013-16035 Filed 7-2-13; 8:45 am]
BILLING CODE 6560-50-P