Dimethyl Tetrachloroterephthalate (DCPA); Final Cancellation Order for Pesticide Registrations, 84574-84576 [2024-24511]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84574-84576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24511]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0374; FRL-12220-02-OCSPP]


Dimethyl Tetrachloroterephthalate (DCPA); Final Cancellation 
Order for Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is hereby 
announcing EPA's order for the cancellations, voluntarily requested by 
the registrant and accepted by the Agency, of the products listed in 
Table 1 of Unit II., pursuant to the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA). This action cancels the last remaining 
products containing Dimethyl Tetrachloroterephthalate (DCPA) in the 
U.S.

[[Page 84575]]


DATES: These cancellations are applicable October 23, 2024.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2011-0374, is available through 
https://www.regulations.gov. Additional information about dockets 
generally, along with instructions for visiting the docket in person, 
is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: James Douglass, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 566-2343; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

B. What action is the Agency taking?

    This cancellation order follows a notice of receipt in the Federal 
Register on August 29, 2024 (89 FR 70181) (FRL-12220-01-OCSPP) and 
opportunity for public comment on the requests from the registrant 
listed in Table 2 of Unit II. to voluntarily cancel these product 
registrations. In that document, EPA indicated that it would issue an 
order implementing the cancellations, unless the Agency received 
substantive comments within the 30-day comment period that would merit 
its further review of these requests, or unless the registrant withdrew 
its requests. The Agency received three comments by the end of the 
comment period, none of which necessitate further review of the 
registrant's requests to cancel these product registrations. 
Accordingly, EPA hereby issues this cancellation order granting the 
requested cancellations. Any distribution, sale, or use of the products 
subject to this cancellation order is permitted only as described below 
in Unit IV.

C. What is EPA's authority for taking this action?

    FIFRA section 6(f)(1) (7 U.S.C. 136d(f)(1)) 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.

II. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA issues this 
cancellation order for the products in Table 1. The effective date of 
the cancellations that are the subject of this order is October 23, 
2024. Any distribution, sale, or use of existing stocks of the products 
identified in Table 1 of this unit in a manner inconsistent with any of 
the provisions for disposition of existing stocks set forth in Unit IV. 
would be a violation of FIFRA.
    Table 1 of this unit lists the product cancellations, as requested 
by registrant, in sequence by registration number (or company number 
and FIFRA section 24(c) number).

                                         Table 1--Product Cancellations
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              Registration No.                 Company No.          Product name           Active ingredients
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5481-495...................................            5481  Technical Chlorthal        Dimethyl
                                                              Dimethyl.                  tetrachloroterephthalat
                                                                                         e (DCPA).
5481-487...................................            5481  Dacthal Flowable           DCPA.
                                                              Herbicide.
WI050002...................................            5481  Dacthal W-75 Herbicide...  DCPA.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the DCPA registrant of the products in Table 1 of this unit. The EPA 
Company No. corresponds to the first part of the EPA registration 
numbers of the products listed in Table 1 of this unit.

        Table 2--Registrant of the Voluntarily Cancelled Products
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              EPA Company No.                 Company name and address
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5481......................................  AMVAC Chemical Corporation,
                                             4695 MacArthur Court, Suite
                                             1200, Newport Beach, CA
                                             92660.
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III. Summary of Public Comments Received and Agency Response to 
Comments

    In its comment, AMVAC generally disagreed with EPA's 
characterization of events made in various public statements extending 
from its FIFRA section 3(c)(2)(b) suspension of the DCPA technical 
product registration through its FIFRA section 6(c)(3) emergency order 
of suspension. Since the registrant did not withdraw its requests to 
cancel its registrations in its public comment, EPA has no further 
response at this time.
    Earthjustice also submitted a comment on behalf of itself and 
Alianza Nacional de Campesinas, California Rural Legal Assistance 
Foundation, Center for Food Safety, and Pesticide Action Network North 
America. In its comment, Earthjustice called on EPA to exercise 
adequate oversight to ensure that AMVAC's takeback and disposal program 
does not put communities in harm's way and is maximally effective. EPA 
remains in regular contact with AMVAC regarding its return program and 
will correspond with state lead agencies as needed to ensure an 
effective product return occurs.
    Finally, a comment was received from a private citizen which 
provided some resources pertaining to DCPA and pesticide regulation 
more generally for EPA's consideration. EPA thanks this commenter for 
the information and their time.

[[Page 84576]]

IV. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
which are currently in the United States, and which were packaged, 
labeled, and released for shipment prior to the effective date of the 
cancellation action. The existing stocks provisions for the products 
subject to this order are as follows.
    The registrant, AMVAC, is prohibited from selling, distributing, or 
using the pesticides identified in Table 1 of Unit II., except for 
proper disposal or for export consistent with FIFRA section 17.
    Effective on the date listed below, persons other than the 
registrant are also prohibited from selling, distributing, or using 
existing stocks of these products except for returning existing stocks 
to AMVAC, properly disposing of existing stocks and exporting existing 
stocks consistent with FIFRA section 17.
    Since the Agency's August 6, 2024, issuance of an Emergency Order 
of Suspension in the Federal Register on August 7, 2024 (89 FR 64445) 
(FRL-12147-01-OCSPP), AMVAC has been implementing a voluntary return 
program of products containing DCPA. AMVAC has directed end users to 
return product to the retail establishment where the product was 
originally purchased. AMVAC is collecting existing stocks from 
distributors and retailers and working to ensure the proper disposal of 
any collected product.
    Authority: 7 U.S.C. 136 et seq.

    Dated: October 17, 2024.
Jean Anne Overstreet,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2024-24511 Filed 10-22-24; 8:45 am]
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