[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]


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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.

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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                    
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       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