[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-19398] [[Page Unknown]] [Federal Register: August 10, 1994] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [OPP-66197; FRL-4902-8] Product Containing Methyl Bromide and 1,3-Dichloropropene; Voluntary Cancellation of Registration AGENCY: Environmental Protection Agency (EPA). ACTION: Notice; Receipt of Request to Cancel and Cancellation Order. ----------------------------------------------------------------------- SUMMARY: EPA has received a request from Soil Chemicals Corp., Inc., to voluntarily cancel its registration for a product containing the active ingredients methyl bromide and 1,3-dichloropropene. EPA accepts and grants this request for voluntary cancellation. DATES: This cancellation is effective August 10, 1994. Existing stocks of this product, Brom 70/30, may not be sold, distributed, or used effective August 10, 1994. The registrant has requested that the 90-day comment period be waived. FOR FURTHER INFORMATION CONTACT: By mail: Lisa Nisenson, Special Review and Reregistration Division (7508W), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: Special Review Branch, Rm. 2N6, 2800 Crystal Drive Arlington, VA (703)-308-8031. SUPPLEMENTARY INFORMATION: I. Background This notice is issued pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136d(f)(1). It announces the Agency's decision to grant Soil Chemicals Corp.'s request for cancellation of the registration of Brom 70/30 (EPA registration number 8536-10). Brom 70/30 is a fumigant product used to control nematodes and soil fungi as well as several other soil-borne pathogens on strawberries, tomatoes, seed beds, and floral and nursery crops. This product contains 1,3-dichloropropene and methyl bromide, and EPA has recently taken action affecting the regulatory status of both of these active ingredients. 1,3-Dichloropropene is registered by DowElanco and is marketed as Telone and Telone C-17. In addition to selling Telone as an end-use product, DowElanco also sells Telone to reformulators such as Soil Chemicals Corp., who add other active ingredients for specialized pesticidal needs. 1,3-Dichloropropene was placed in EPA's special review in 1986 based on cancer concerns for applicators and loaders. Groundwater contamination and possible residues in food were also noted. Several studies were required through the pesticide reregistration program to further define human exposure and potential ground water contamination. On October 7, 1992, EPA and DowElanco entered into an agreement to modify the registrations and labels of its 1,3-dichloropropene products to reflect risk-reduction measures. The risk reduction measures were sought both through use reduction and through 1,3-dichloropropene- specific technology to reduce the amount of the chemical that escapes into the atmosphere. In addition, timeframes were set for all remaining studies, and DowElanco revised its product stewardship program to reflect the label changes. The agreement also specified that a clause be added to the Telone labels requiring that any product reformulated from or containing the Telone product bear an EPA-approved label containing all of the required changes in the timeframes specified in the agreement. EPA sent copies of the agreement to all registrants of products containing Telone with instructions as to how and when to respond. On May 24, 1993, Soil Chemicals Corp. submitted labels for the first label changes from the October 1992 agreement, which were to take effect June 30, 1993. Soil Chemicals Corp. submitted labels for its 1,3-dichloropropene/chloropicrin products, as well as the Brom 70/30 product. These labels were rejected because new uses had been added to the revised labels without proper compensation agreements, as well as for other deficiencies. Soil Chemicals Corp. resubmitted corrected revised labels for the products containing 1,3-dichloropropene and chloropicrin, but none for Brom 70/30. Because the Brom 70/30 label does not contain the required changes for 1,3-dichloropropene, this product is now misbranded under FIFRA section 12(a)(1)(E) and subject to enforcement action. In addition, EPA issued its final regulation for the worker protection standard (WPS) on August 21, 1992. The WPS provides basic information and protective measures for all persons involved in the handling of pesticides both during and after application. EPA decided to issue guidance for each fumigant separately since the chemical properties, and thus protective requirements, of each fumigant differ greatly. Due to 1,3-dichloropropene's small molecular size and high volatility, EPA requires tight-fitting protection, such as respirators, gloves, and face-sealing goggles. For methyl bromide, however, its corrosivity demands loose-fitting protective clothing. If tight-fitting clothing were also worn during methyl bromide use, the trapped chemical could cause serious skin damage. Because of the conflicting WPS requirements and noncompliance with the label requirements arising from the October 1992 agreement, EPA issued a letter to Soil Chemicals Corp. on March 7, 1994, outlining the issues as discussed above, and explaining regulatory options to address the non-compliance with both the Telone label and the WPS. II. Request for Voluntary Cancellation In a letter dated March 21, 1994, Soil Chemicals Corp. requested voluntary cancellation of Brom 70/30. The company noted in the letter that it had not sold the product for the past 2 years and, further, claimed that neither the company nor supplemental distributors have any product under their custody. This claim is supported by results of a 1990 Data Call-In that was issued to collect information on use, usage, and product performance from 1988 to 1990. Soil Chemicals Corp. reported no use of Brom 70/30. In addition, Soil Chemicals Corp. asked that the 90-day comment period allowed by section 6(f) of FIFRA be waived. III. EPA's Decision on the Request for Voluntary Cancellation and Existing Stocks Determination EPA is hereby granting Soil Chemicals Corp.'s request to cancel the registration of Brom 70/30. EPA is not allowing the sale, distribution, or use of any existing stocks due to Soil Chemicals Corp.'s noncompliance with the October 1992 agreement and the requirements associated with the WPS. That standard mandates that any product sold after April 21, 1994 must bear language from the WPS. Because Soil Chemicals Corp. has not submitted a label for approval, any Brom 70/30 product is out of compliance and subject to enforcement action. EPA expects little or no impact to distributors or users because the registrant reported no stocks in the channels of trade, and because the results of a 1990 Data Call-In for products containing 1,3- dichloropropene showed no use of this product from 1988 to 1990. IV. Cancellation Order Under section 6(f)(1) of FIFRA, a registrant may request at any time that EPA cancel any of its pesticide registrations. EPA must publish in the Federal Register a notice of receipt of the request to allow public comment before granting the request unless either the registrant requests a waiver of the notice or the Administrator determines that the continued use of the pesticide would pose unreasonable adverse affects on the environment. Soil Chemicals Corp. requested voluntary cancellation and waived any comment period. I approve the order cancelling the registration of Brom 70/30. Accordingly, this cancellation shall be effective and no person may distribute, sell, or use this product as of August 10,1994. Any sale, distribution or other disposition of existing stocks that is not consistent with the terms of this Order will be considered a violation of FIFRA section 12(a)(2)(K) and/or section 12(a)(1)(A), as appropriate. List of Subjects Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Recording and recordkeeping requirements. Dated: August 1, 1994. Daniel M. Barolo, Director, Office of Pesticide Programs. [FR Doc. 94-19398 Filed 8-9-94; 8:45 am] BILLING CODE 6560-50-F