[Federal Register Volume 60, Number 65 (Wednesday, April 5, 1995)]
[Notices]
[Pages 17357-17359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8344]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-66209; FRL-4943-4]


Mevinphos; Amendment to Cancellation Order and FIFRA Section 6(g) 
Notification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of issuance of amended cancellation order.

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SUMMARY: On June 30, 1994, Amvac Chemical Corporation (Amvac) of Los 
Angeles, California, requested voluntary cancellation of all 
registrations containing mevinphos (2-carbomethoxy-1-methylvinyl 
dimethyl phosphate, alpha and beta isomers, trade name Phosdrin). 
Pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA canceled all mevinphos registrations on 
July 1, 1994. The Cancellation Order contained certain limitations upon 
the distribution, sale, and use of existing stocks of canceled 
pesticide products containing mevinphos. EPA has modified the existing 
stocks provision of the Cancellation Order to extend the period for 
sale, distribution, and use of existing stocks of certain canceled 
products containing mevinphos through November 30, 1995. At the end of 
this period, all product in the channels-of-trade, including product in 
the hands of growers, will be subject to a recall which has some 
provisions for reimbursement. Product sold after February 27, 1995, 
will be labelled with additional protective requirements. This notice 
also amends the timeframe for reporting the possession of canceled 
mevinphos products as required under section 6(g) of FIFRA.

DATES: The amended cancellation order became effective January 13, 
1995.

FOR FURTHER INFORMATION CONTACT: By mail: Richard Dumas, Special Review 
Branch, Special Review and Reregistration Division (7508W), 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location and telephone number: Special Review Branch, 3rd floor, 
2800 Crystal Drive, Arlington, VA, (703) 308-8015.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Background

    On June 30, 1994, Amvac requested voluntary cancellation of all 
pesticide product registrations containing mevinphos as an active 
ingredient. On July 1, 1994, EPA issued a Cancellation Order for all 
mevinphos registrations pursuant to FIFRA section 6(f)(1). In the 
Federal Register of August 1, 1994 (59 FR 38973), EPA issued a Notice 
announcing receipt of the request for cancellation, the Cancellation 
Order, and the FIFRA section 6(g) notification requirements. The 
Cancellation Order prohibited the distribution and sale of existing 
stocks of canceled pesticide products containing mevinphos after 
December 31, 1994, and prohibited the use of existing stocks after 
February 28, 1995. Existing stocks refer to those stocks of previously-
registered mevinphos products which were in the United States and were 
packaged, labeled, and released for shipment prior to the cancellation 
on July 1, 1994. Also, the Order required Amvac to develop and 
implement an acceptable Recall Plan for the recall of mevinphos 
products that were in the hands of dealers and distributors after 
December 31, 1994.
    On December 28, 1994, EPA amended the Cancellation Order by 
extending distribution and sale of existing stocks of canceled 
mevinphos products through January 14, 1995, to facilitate work on a 
pending agreement between EPA and Amvac. On January 13, 1995, EPA 
entered into an agreement with Amvac and issued a new amendment to the 
Cancellation Order which changed the existing stocks provisions in the 
amended Cancellation Order by extending the period for distribution, 
sale, and use of mevinphos, established new use restrictions, and 
ordered the recall of mevinphos products. [[Page 17358]] 
    The EPA registration numbers canceled by the Cancellation Order 
are: 5481-113, 5481-114, 5481-161, 5481-248, 5481-411, 5481-412, 5481-
425, CA80001800, CA81000300, CA86006300, CA86007300 and any 
supplemental registrations of the registrations listed above.

B. Restrictions on Distribution, Sale, and Use

    The Cancellation Order, as amended on December 28, 1994, provided 
that no person may distribute or sell mevinphos products after January 
14, 1995, and that no person may use mevinphos products after February 
28, 1995. The Amended Cancellation Order and Recall Order, issued 
January 13, 1995, prohibits all distribution, sale, and use of 
mevinphos products after November 30, 1995. The extension of the date 
for use, sale, and distribution does not affect the registration of 
mevinphos products in any way. All mevinphos registrations remain 
canceled, and will not be considered for registration. Moreover, all 
production of mevinphos products for use in the United States ceased 
July 1, 1994.

C. Relabeling Requirements and Additional Restrictions on Use of 
Mevinphos Products

    Because of the risks that mevinphos poses to workers, the 
Cancellation Order as amended requires Amvac to relabel mevinphos 
products in the hands of dealers and distributors to reflect additional 
use restrictions. The additional required use restrictions are as 
follows: (1) Use of hand-held application equipment and air blast 
sprayers is prohibited; (2) applicators and other handlers must wear a 
respirator with either an organic vapor removing (O/V) cartridge with a 
prefilter approved for pesticides (MSHA/NIOSH) approval number prefix 
(TC-230), or a canister with a prefilter approved for pesticides (MSHA/
NIOSH) approval number prefix (TC-14G); (3) applicators and other 
handlers must use protective eyewear; (4) applicators and other 
handlers must wear: coverall over long shirt and long pants; chemical-
resistant apron (for mixing/loading and cleaning equipment); chemical-
resistant gloves, such as Barrier Laminate, Butyl Rubber, Nitrile, 
Neoprene Rubber, Polyvinyl Chloride, or Viton; chemical-resistant 
footwear plus socks; and chemical-resistant headgear for overhead 
exposure; (5) use of protective measures described in 2, 3, and 4 apply 
even when a closed loading system is used; and (6) all applications in 
greenhouses and on grapes are prohibited.
    New labelling also must contain information on the recall and last 
legal date for distribution, sale, and use. The specific language 
required on new labelling is as follows:

    This product may not be sold, distributed, or used after 
November 30, l995. Any product remaining after that date may be 
returned to Amvac Chemical Corporation which will arrange for 
storage and transportation. You may obtain reimbursement for the 
purchase price of any unopened containers in accordance with the 
terms of the Recall Plan. To obtain information on storage, return, 
and the reimbursement process, call 1-800-205-5330. If you dispose 
of this product, you must comply with applicable requirements for 
hazardous waste under federal and state law.

    The additional use restrictions, recall information, and the 
November 30, 1995 deadline for legal distribution, sale, and use are 
contained in a Notice that will become a part of labelling for all 
mevinphos product sold or distributed after February 27, 1995. All 
mevinphos products sold and distributed after February 27, 1995, must 
have a one-inch-by-two-inch sticker affixed to each container directing 
users to read the Notice containing new labelling requirements. The 
Notice must accompany each container sold after February 27, 1995. 
Amvac is relabeling at its own cost. Amvac reports that it initiated 
the restickering program immediately after reaching agreement with the 
Agency and that the program is now completed.

D. Recall

    When the Agency reached its agreement with Amvac on June 30, 1994, 
Amvac agreed to develop and implement an acceptable recall plan 
covering existing stocks of mevinphos in the hands of dealers and 
distributors. As part of the agreement between Amvac and EPA reached on 
January 13, 1995, Amvac submitted to EPA a proposed recall plan for the 
recall of existing stocks of mevinphos product. EPA has accepted 
Amvac's proposed plan and has ordered Amvac to begin implementing the 
recall plan on December 1, 1995. Amvac's recall plan, which is 
exemplary, includes provisions for recall of all mevinphos products 
down through the end-user, including opened and partially filled 
containers. Additionally, holders of unopened containers of Amvac 
product or those products that are supplemental registrations of Amvac 
products will be reimbursed for the purchase price. Reimbursement will 
go through the distribution chain, where dealers reimburse end-users, 
distributors reimburse dealers, and Amvac reimburses distributors. 
Reimbursement to all holders provides a strong incentive to return 
mevinphos products. Finally, Amvac is assuming all costs associated 
with transportation, collection, and storage of mevinphos products that 
are being recalled.
    The mevinphos registrations subject to the recall and reimbursement 
are: 5481-113, 5481-114, 5481-161, 5481-248, 5481-411, 5481-412, 5481-
425, CA80001800, CA81000300, CA86006300, CA86007300, and supplemental 
registrations 5481-161-34704, 5481-114-34704, and 5481-412-34704. 
Mevinphos products that are not Amvac products or its supplemental 
registrations are subject to this recall, but they are not eligible for 
reimbursement. For example, products produced by Shell, Dupont, and 
Helena may not be eligible for reimbursement, but are subject to the 
recall.

E. Modified Reporting Schedule Under Section 6(g)

    In the July 1, 1994 Cancellation Order, any person holding canceled 
mevinphos product was required to report holdings under section 6(g) of 
FIFRA. Producers, exporters, applicants for a registration, applicants 
or holders of an experimental use permit, dealers, distributors, and 
retailers were to report by January 31, 1995. Commercial applicators 
were to report by March 28, 1995. All persons must now report by 
December 31, 1995.

II. Agency Rationale for Amendment

    On July 1, 1994, when the Agency accepted the voluntary 
cancellation and allowed the use of existing stocks through February 
28, 1995, there were many reasons to accept the voluntary cancellation 
rather than issuing a notice of intent to suspend notice as the Agency 
was prepared to do to resolve the risks posed by mevinphos. Had the 
Agency issued the suspension and Amvac contested the suspension and 
requested an administrative hearing, production and distribution could 
have continued throughout the legal proceedings. This outcome could 
have resulted in significantly greater use and almost certainly a 
larger volume of potential hazardous waste at all levels of the 
channels-of-trade (particularly, at the grower level) than would have 
occurred had the Agency not agreed to a voluntary cancellation that 
allowed existing stocks. Mevinphos would have become a hazardous waste 
only when it was intended for disposal and not when it would be 
returned under the recall program. Moreover, even if the Agency had 
prevailed in an administrative hearing, Amvac could have appealed 
[[Page 17359]] the decision and further production and use might have 
been allowed during the appeal process. In addition, Amvac had agreed 
to conduct a recall of mevinphos products in the hands of dealers and 
distributors. If the Agency had to mandate a recall rather than utilize 
a voluntary recall, it would have had to do so through a rulemaking 
process which can take more time to implement than the voluntary 
program agreed to by Amvac. Finally, the Agency anticipated that a 
safer alternative, NTN, would be registered by end of 1994 that would 
have mitigated the economic impact on growers from the loss of 
mevinphos. Weighing the risk and benefit outlined above, the Agency 
believed that it was in the public's interest to enter into the 
agreement with Amvac that is reflected in the July 1, 1994 Cancellation 
Order.
    On June 29, 1994, California imposed some additional restrictions 
on mevinphos use. The specific restrictions were not known to the 
Agency at the time it came to agreement with Amvac. It is now the 
Agency's understanding that these restrictions possibly along with 
other factors such as low pest pressure lead to significantly less use 
of mevinphos during the rest of 1994. Consequently, there was 
significantly more mevinphos product in the hands of growers, dealers, 
and distributors than originally anticipated by the Agency on July 1, 
1994. Because of the quantity of existing stocks in the channels-of-
trade, Amvac indicated there were substantial difficulties and costs 
associated with the recall program and it expressed reluctance to 
undertake such an extensive recall. If the product was not recalled in 
a timely manner pursuant to a voluntary recall, then the potential for 
illegal use and risk associated with possession of a potential 
hazardous waste would be greater than expected. In addition, the safer 
alternative that the Agency expected to be available by the end of 1994 
has yet to be registered. Consequently, the economic impact of 
enforcing the existing stocks provisions of the July 1, 1994 
Cancellation Order would have been greater than originally anticipated. 
The potential for greater existing stocks at all levels in the 
channels-of-trade for a longer time and greater potential economic 
impacts than originally anticipated were considerations for the Agency 
extending the last date for distribution, sale, and use of existing 
stocks on January 13, 1995.
    In addition to extending the use of existing stocks, the Agency 
also required that additional protective measures for the use of 
mevinphos, a relabelling program, and an expanded recall of mevinphos 
products be carried out by Amvac. The protective measures are intended 
to reduce exposure during the extended use period. Product in the hands 
of dealers and distributors will be relabelled to include the new 
protective measures, information on the recall, including an 800 
number, and the last legal use date. Amvac has agreed to recall and 
reimburse any person possessing any unopened mevinphos product produced 
by Amvac or by supplemental registrants, even stocks held by growers, 
to accept mevinphos products produced by other companies including 
Dupont, Shell, and Helena and to accept opened containers of mevinphos 
product. A voluntary recall that includes opened and partially filled 
containers and goes down through the end-user is unprecedented. Because 
of the recall which includes reimbursement provisions, growers are less 
likely to have a potential hazardous waste for an extended period. This 
plan reduces potential accidental poisonings and the opportunity for 
illegal use in the future. The minimization of the holding of hazardous 
waste, accidental poisonings, and illegal use along with the imposition 
of additional protective measures for workers were important benefits 
contributing to the Agency's decision.

    The Agency believes that the amount of mevinphos product used by 
November 30, 1995, will likely be no more than the amount originally 
anticipated when the Agency entered into the agreement with Amvac on 
July 1, 1994. This level of use combined with the requirement for 
additional protective measures for those using the product during the 
extended use period leads the Agency to believe that exposure to 
agricultural workers from the continued use of mevinphos will be no 
greater, and likely less, than the Agency anticipated in July of 1994.

    An additional benefit associated with the new arrangement is that 
it allows the Agency to avoid the uncertainty associated with 
litigation over the cancellation and recall.

    The Agency has considered the risks and benefits of extending the 
distribution, sale, and use of existing stocks of products containing 
mevinphos. When the risk of continued use through November 30, 1995, is 
weighed against the benefits, both economic and in terms of risk 
reduction, the Agency believes that the agreement signed on January 13, 
1995, was in the best interest of the public.

    Dated: March 27, 1995.
Daniel M. Barolo,
Director, Office of Pesticide Programs.
[FR Doc. 95-8344 Filed 4-4-95; 8:45 am]
BILLING CODE 6560-50-F