[Federal Register Volume 59, Number 146 (Monday, August 1, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-18751] [[Page Unknown]] [Federal Register: August 1, 1994] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY [OPP-66199; FRL-4904-1] Notice of Receipt of Request for Cancellation, Announcement of Cancellation Order, and FIFRA Section 6(g) Notification for Mevinphos AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), announces EPA's receipt and acceptance of a request from Amvac Chemical Corporation to voluntarily cancel all registrations of pesticide products containing mevinphos (2-carbomethoxy-1-methylvinyl dimethyl phosphate, alpha and beta isomers) (trade name Phosdrin). EPA granted the request for voluntary cancellation effective on July 1, 1994, and issued a cancellation order to the registrant on the same date. The registrant in its request for voluntary cancellation requested to waive the 90-day public comment period. The Agency waived the 90-day comment period based on the registrant's request and because it had determined that the continued use of mevinphos poses an unreasonable risk of poisoning to agricultural workers and bystanders. As of July 1, 1994, sale, distribution, and use of canceled mevinphos products is permitted only if such sale, distribution, or use is consistent with the terms of the cancellation order. Pursuant to FIFRA section 6(g), any producer or exporter, registrant, applicant for a registration, applicant or holder of an experimental use permit, commercial applicator, or any person who distributes or sells any pesticide, who possesses any pesticide products containing mevinphos which are canceled through the order is required to notify the Agency and appropriate State and local officials of the quantity and location of canceled mevinphos in their possession in accordance with the procedures, timeframes, and requirements set out in this notice. DATES: The cancellations became effective on July 1, 1994. Required notification of possession of canceled products containing mevinphos: (a) producers, exporters, the registrant, applicants for a registration, applicants or holders of an experimental use permit, dealers, distributors, and retailers must report its holdings of such products by January 31, 1995, and (b) commercial applicators must submit reports by March 28, 1995. FOR FURTHER INFORMATION CONTACT: For voluntary cancellation: By mail: Richard Dumas, Special Review Branch, Special Review and Reregistration Division, Office of Pesticide Programs (7508W), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: 3rd floor, Crystal Station #1, 2800 Crystal Drive, Arlington, VA 22202, (703) 308-8015. For notification of possession of canceled products and compliance issues: By mail: Chief, Agriculture Branch, Agriculture and Ecosystems Division, Office of Compliance, Office of Enforcement and Compliance Assurance (2225W), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: Crystal Station #1, 2800 Crystal Drive, 5th Floor, Arlington, VA 22202, (703)308-8383. For RCRA requirements for managing mevinphos as a waste: RCRA/Superfund Industrial Assistance Hotline: 800-424-9346. SUPPLEMENTARY INFORMATION: This notice is divided into two units. Unit I concerns requests for voluntary cancellations submitted in response to the Agency's determination that mevinphos poses unreasonable adverse effects, outlines the Cancellation Order of July 1, 1994, and gives detailed requirements regarding existing stocks of canceled mevinphos products. These requirements concern the distribution, sale, export, use and disposal of existing stocks of mevinphos. Unit II outlines the additional requirement under FIFRA section 6(g) that affected persons notify EPA, and the appropriate State and local officials, of canceled products containing mevinphos that are in their possession (7 U.S.C. 136d(g)). I. Cancellation Order for Mevinphos Registrations A. Requests for Voluntary Cancellation On June 30, 1994, Amvac Chemical Corporation, the sole registrant of mevinphos pesticide products, submitted a voluntary cancellation request in which it agreed to voluntarily cancel all mevinphos registrations, immediately cease production of all mevinphos products for sale, distribution, and use in the U.S., and set terms for the sale, distribution, and use of existing stocks in the channels of trade. This request was submitted on the same day EPA was prepared to initiate action to suspend mevinphos product registrants under FIFRA section 6(c), based on unreasonable risk of poisoning to mixer/loaders, applicators, other farmworkers, and bystanders (7 U.S.C. 136d(c)). The products for which cancellation was requested are listed in Table 1 below which include all section 3 registrations and section 24(c) Special Local Needs registrations for mevinphos (7 U.S.C. 136a and 136v(c)). Table 1. Mevinphos Registrations ------------------------------------------------------------------------ Registration Number Product Name ------------------------------------------------------------------------ 5481-113 Durham Duraphos EM-4 5481-114 Phosdrin IPA 4 5481-161 Phosdrin 10.3 WS Insecticide 5481-248 Phosdrin 400 (formerly Royal Brand Phosdrin Insecticide Spray Concentrate) 5481-411 Phosdrin Insecticide 5481-412 Phosdrin 4 EC Insecticide 5481-425 Mevinphos Insecticide Technical CA80001800 Phosdrin 4 EC Insecticide (5481-412) CA81000300 Phosdrin 4 EC Insecticide (5481-412) CA86006300 Phosdrin 4 EC Insecticide (5481-412) CA86007300 Phosdrin 4 EC Insecticide (5481-412) ------------------------------------------------------------------------ Under section 6(f)(1)(A) of FIFRA, registrants may request at any time that EPA cancel any of their pesticide registrations (7 U.S.C. 136 d(f)(1)(A)). If the pesticide for which cancellation was requested is registered for any minor agricultural use, section 6(f)(1)(C) dictates that EPA publish in the Federal Register a notice of the receipt of the cancellation request, and allow 90 days for public comment before granting the request unless either the registrants request a waiver of the 90-day period or the Administrator determines that the continued use of the pesticide would pose an unreasonable adverse effect on the environment (7 U.S.C. 136d(f)(1)(C)). The Agency has waived the 90-day comment period based on the registrant's request and because it has determined that the continued use of mevinphos poses an unreasonable risk to mixer/loaders, applicators, other agricultural workers, and bystanders. As part of its request, Amvac committed to conduct a voluntary recall. This commitment is discussed in unit B below. The Agency accepted Amvac's request for voluntary cancellation and issued a cancellation order covering all products listed in Table 1, effective on July 1, 1994. B. Summary of the Cancellation Order The terms of the cancellation order allow continued sale and distribution of existing stocks of canceled products through December 31, 1994, and continued use through February 28, 1995, of such stocks pursuant to the terms of prior approved labeling. Any distribution, sale, or use of existing stocks of the products listed in Table 1 that is not consistent with the terms of the Existing Stocks Provision of the Cancellation Order will be considered a violation of FIFRA section 12(a)(2)(K) and/or section 12(a)(1)(A) (7 U.S.C. 136a(1)(A) and (2)(K)). For the purposes of the cancellation order, existing stocks are those stocks of previously-registered mevinphos products as listed in Table 1 which were in the United States and were packaged, labeled, and released for shipment prior to the cancellation of the product's registration on July 1, 1994. The existing stocks provisions are as follows: 1. Distribution or sale. No person may distribute or sell existing stocks of canceled mevinphos products after December 31, 1994. Commercial applicators may apply mevinphos, in accordance to prior approved labeling, through February 28, 1995. 2. Use of existing stocks. No person may use existing stocks of canceled pesticide products containing mevinphos after February 28, 1995. 3. Recall of product in hands of distributors and dealers. The registrant agreed to conduct a voluntary recall. The registrant must develop and implement a recall program in accordance with a recall plan that is acceptable to the Agency. Guidance for developing a voluntary recall plan is located in the Agency's proposed rule on pesticide management and disposal (58 FR 26856, May 5, 1993). All mevinphos product in the hands of distributors and dealers after December 31, 1994, will be eligible for recall. As part of the recall program, the registrant will contact all of its mevinphos distributors and make reasonable efforts to contact mevinphos dealers to inform them of the availability of the recall program and to inform them of the availability of storage facilities to receive any of the registrant's products which such dealers and distributors may have after December 31, 1994. As part of the recall, Amvac must pay the appropriate expense for the recall conducted. Amvac agreed that if it fails to appropriately develop and implement a voluntary recall program, EPA may issue a mandatory recall order. Such recall order would be based on the authority of the agreement between EPA and Amvac, and the cancellation order. 4. Exception to prohibition of sale and distribution. Notwithstanding any other provision of the cancellation order, the transfer of canceled products to the registrant will be allowed if such transfer is for the purpose of collecting products for disposal or export. In order to be exported, such stocks must comply with the labeling and purchaser acknowledgement requirements for unregistered pesticides under FIFRA section 17(a) (7 U.S.C. 136 o(a)) and the Agency's Export Policy and Procedures for Exporting Unregistered Pesticides in 40 CFR part 168 subpart D. In addition, recordkeeping requirements for exported pesticides in 40 CFR 169.2(h) apply. The required procedures include the requirement that: Pesticide product be labeled ``Not Registered for Use in the United States of America,'' certain label and labeling statements appear in English and in the language(s) of the country(ies) of import, and that all exportations meet the Foreign Purchaser Acknowledgement Statement (FPAS) procedures described in 40 CFR 169.75. As stated in 40 CFR 168.75, FPASs must be sent to: Environmental Protection Agency, Office of Pesticide Programs (7501C), 401 M St., SW., Washington, DC 20460, and marked, ``Attention: Purchaser Acknowledgement Statement.'' In addition to the labeling requirements stated in 40 CFR 168.65, all exported products must be labeled ``Not for Distribution, Sale or Use in the United States of America.'' 5. Disposal of canceled mevinphos product. Under Resource Conservation and Recovery Act (RCRA) regulations, commercial chemical products such as pesticides become ``solid wastes'' (and thus potentially, hazardous wastes) at the point when a decision is made to discard them. Once intended for disposal, the canceled mevinphos pesticides that have become ``waste'' are regulated under RCRA. In addition to the requirements governing disposal under RCRA, there may also be State and local requirements applicable to the disposal of mevinphos products. Persons are encouraged to contact their State and local authorities regarding the safe disposal of mevinphos products. Information on the correct waste classification of canceled mevinphos products can be obtained from the registrant. For further information about the RCRA requirements for managing mevinphos as a waste, contact the RCRA/Superfund Industrial Assistance Hotline at: 800-424-9346. II. Notification of Possession of Canceled Products as Required Under FIFRA Section 6(g) A. Pesticides Required to be Reported Pursuant to FIFRA section 6(g), any producer or exporter, registrant, applicant for a registration, applicant or holder of an experimental use permit, commercial applicator, or any person who distributes or sells any pesticide, who possesses any stocks of canceled pesticide products containing mevinphos which has been canceled under FIFRA section 6 (hereafter, referred to as ``affected persons'') must notify EPA and appropriate State and local officials of: (1) Such possession; (2) the quantity of suspended mevinphos pesticide product possessed; and, (3) the place at which the suspended mevinphos pesticide product is stored. The term ``affected person'' includes affected individuals, partnerships, associations, corporations, or any organized group of persons whether incorporated or not. Notification by affected persons to EPA and designated State and local officials pursuant to FIFRA section 6(g) shall be in accordance with the procedures, timeframes, and requirements set out in this Notice. End-users, except commercial applicators, are not required to report their stocks of canceled mevinphos products. Pursuant to FIFRA section 6(g), affected persons must report the information described below for canceled mevinphos pesticide products which are in their possession as of December 31, 1994. Canceled mevinphos product which is owned by one affected person, but in the physical possession of another affected person who is subject to section 6(g) reporting are to be reported by the person in physical possession of the pesticide. The Office of Management and Budget (OMB) has given approval for the collection of information under FIFRA 6(g) and assigned the OMB control number 2070-0109. B. Information Which Must be Included in the Submission To be in compliance with FIFRA section 6(g), affected persons must submit to the designated EPA and State and local officials the following information certified by a responsible company official as true and correct: 1. The identity and address of the affected person (company). 2. Name and phone number of a contact person (in the company). 3. Indication that the FIFRA section 6(g) information is being submitted for canceled pesticide products containing mevinphos. 4. The relationship of the affected person (company) to the canceled mevinphos pesticide products being reported under FIFRA section 6(g) (i.e., exporter, producer, registrant, applicant for registration, applicant for or holder of an experimental use permit, commercial applicator, distributor, retailer, etc.). 5. The street address of each location owned/leased or operated in the United States by the submitter where the canceled mevinphos pesticide product is held. 6. For each location listed, the quantity (pounds, gallons, or other appropriate measure) of canceled mevinphos pesticide product listed by the number of units of each size container (pound, gallons, or other appropriate measure) and by EPA registration number (e.g., x units of 5 gallon containers of EPA registration number xxx-xxx). C. When to Report Affected persons must submit FIFRA 6(g) information according to the following timeframes: 1. The registrant of canceled mevinphos must report by January 31, 1995. 2. Producers, exporters, applicants for a registration, applicants or holders of an experimental use permit, dealers, distributors, and retailers, must report by January 31, 1995. 3. Commercial applicators must report by March 28, 1995. 4. Other end-users other than commercial applicators are not required to report their possession of canceled products containing mevinphos. D. Where to Submit Section 6(g) Information The FIFRA section 6(g) information is to be sent to each of the following locations: 1. EPA. Chief, Agriculture Branch, Agriculture and Ecosystems Division, Office of Compliance, Office of Enforcement and Compliance Assurance (2225W), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, ``Attention: FIFRA Section 6(g) Information.'' 2. State. Chief Pesticide Regulatory Official, of the agency in the State government which enforces the State pesticide laws where the canceled mevinphos pesticide product is stored. Envelopes must be marked, ``Attention: FIFRA Section 6(g) Information.'' 3. Local. Chair of the Local Emergency Planning Committee (LEPC), for the location where the canceled mevinphos pesticide is stored. Envelopes should be marked, ``Attention: Notification of Possession of Canceled Pesticides.'' To identify the name and address of the chair of the LEPC, contact the State Emergency Response Commission (SERC) or call the Emergency Planning and Community Right-to-Know (EPCRA) Information Hotline at 1-800-535-0202. E. Confidentiality of FIFRA Section 6(g) Information EPA does not consider FIFRA section 6(g) information to be confidential business information (CBI) under the provisions of FIFRA section 10. Such information may be made available by EPA to the public without further notice. F. Enforcement Failure to submit complete and accurate FIFRA section 6(g) information, and/or failure to submit accurate section 6(g) information in the required timeframes is a violation of FIFRA section 12(a)(2)(K) and violators may be subject to civil penalties up to $5,000 per offense. Affected persons who possess canceled or suspended pesticide in multiple locations may be fined up to $5,000 per offense for each location for which the FIFRA section 6(g) information is not submitted, submitted late, incomplete, or inaccurate. Dated: July 27, 1994. Daniel M. Barolo, Director, Office of Pesticide Programs. [FR Doc. 94-18751 Filed 7-29-94; 8:45 am] BILLING CODE 6560-50-F