[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)]
[Notices]
[Pages 23449-23455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11019]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-66238; FRL-5598-1]
Voluntary Cancellation of Certain Pesticide Products
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 of requests from certain registrants to voluntarily cancel
registrations of certain pesticide products containing methyl parathion
(O,O-dimethyl-O-(p-nitrophenyl)phosphorothioate). These requests for
voluntary cancellation are the result of an agreement between the
Agency and the registrants to restrict the terms and conditions for the
sale and use of certain methyl parathion products in the United States
in order to curb illegal use. EPA is granting the requests for
voluntary cancellation effective on publication of this notice. After
publication of this notice, sale, distribution, and use of canceled
methyl parathion products will only be permitted if such sale,
distribution, or use is consistent with the terms of the Cancellation
Order contained herein.
Dates: The cancellations shall become effective on April 30, 1997.
FOR FURTHER INFORMATION CONTACT: Mark Wilhite, 7508W, Special Review
and Reregistration Division, Office of Pesticide Programs,
Environmental Protection Agency, 401 M St., SW., Washington, DC 20046.
Office location, telephone number, and e-mail address: Rm. 3WH2,
Crystal Station, 2805 Jefferson Davis Highway, Arlington, VA,
Telephone: 703-308-8586, e-mail: [email protected].
SUPPLEMENTARY INFORMATION: This notice is divided into two units. Unit
I. includes: (1) Requests for voluntary cancellations resulting from an
agreement to cancel certain methyl parathion products because of the
risks associated with the widespread misuse and illegal diversion of
these products; and, (2) the Cancellation Order granting the requests
for cancellation and establishing requirements relating to
distribution, sale, and use of existing stocks of canceled methyl
parathion products. Unit II. contains the agreement in its entirety.
I. Voluntary Cancellations
A. Requests for Voluntary Cancellation
By an agreement dated December 30, 1996 (the ``Agreement'') , EPA
and certain registrants of products containing methyl parathion agreed
to change the packaging, formulation, and labeling of their products to
prevent illegal diversion to indoor use. The Agreement is printed in
its entirety in Unit II. of this notice. Methyl parathion is an acutely
toxic organophosphate pesticide registered for outdoor agricultural
uses only. Recently, EPA learned of a number of incidents in which
methyl parathion products were illegally used in residences, day care
centers, and churches posing potentially significant health risks and
resulting in significant relocation and cleanup costs. In order to make
the illegal diversion of methyl parathion to indoor use more difficult
and unlikely, the registrant(s) agreed to recall unopened containers of
certain methyl parathion end-use products; package certain methyl
parathion products in returnable, refillable containers with a tamper-
resistant mechanism; place a unique identification number that will
remain on the label at all times to facilitate tracking in the
distribution chain; and, add a stenching agent to these products. The
registrants have also agreed to educate and remind distributors,
sellers, agricultural users, and occupants of indoor areas of the risks
of illegal indoor use and of the importance of using methyl parathion
products only for their lawfully labeled uses.
As part of the Agreement, registrants agreed to submit applications
for replacement registrations containing conditions requiring recall of
canceled product; packaging product in closed-
[[Page 23450]]
system, trackable containers; and addition of a stenching agent to the
product; and to submit requests for voluntary cancellation of certain
existing registrations (in order to facilitate the recall of material
currently in the marketplace not complying with the new conditions of
registration). EPA agreed to expedite consideration of the applications
for replacement products, and to not cancel existing registrations
until applications for replacement products are granted.
Products for which cancellation was requested fall into two
categories - those containing methyl parathion as the sole active
ingredient in an emulsifiable concentrate formulation, and those
containing multiple active ingredients. Products in the first category
are listed in Table 1 below; products in the second category are listed
in Table 2.
Subsequent to the December 30, 1996 agreement, some registrants
withdrew their requests to cancel their registrations for mixture
products listed in Appendix D of the agreement after EPA had determined
that it would accept an amendment in lieu of a voluntary cancellation
for those products if the registrants agreed to certain conditions.
These conditions include a requirement that these products are packaged
in returnable/refillable, closed system containers with tamper
resistant mechanisms.
Table 1
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Company Registration No. Product SLNs
----------------------------------------------------------------------------------------------------------------
Wilbur Ellis 2935-142 Methyl Parathion 4 TX910009
2935-363 Methyl Parathion 5 ID870012
ID920007
MT920004
OR920012
WA920016
NV780004
2935-421 Methyl Parathion 7.5
----------------------------------------------------------------------------------------------------------------
Cheminova 4787-4 MP Technical
4787-11 Methyl Parathion 4 EC TX 960013
4787-18 Methyl Parathion 7.5
4787-22 Prentox MP Technical
----------------------------------------------------------------------------------------------------------------
Helena 5905-55 4 LB Methyl ID920006
TX950012
WA920014
5905-414 7.5 Methyl TX910006
----------------------------------------------------------------------------------------------------------------
Riverside Terra 9779-34 Methyl 4 ID920014
WA930015
9779-218 Methyl 7.2 TX940013
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UAP (Platte) 34704-10 Methyl 4E ID920009
MS820047
MT920003
ND790009
OR920018
TX830025
WA920017
34704-72 Methyl 7.5
34704-94 Metaspray 5E
34704-433 Methyl 5E
----------------------------------------------------------------------------------------------------------------
Micro Flo 51036-18 Methyl 4 ID940005
TX940007
WA940028
51036-42 Methyl Liquid 4 Prod.
51036-88 #909
51036-278 Methyl 6 EC
Technical MP
----------------------------------------------------------------------------------------------------------------
Table 2
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Company Reg. No. Product
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Riverside Terra 9779-153 Mal-Methyl 44E
9779-207 Mal-Methyl 63 ULV
9779-323 Dithon 63
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Under section 6(f)(1)(A) of FIFRA, registrants may request at any
time that EPA cancel any of their pesticide registrations. Under
section 6(f)(1)(C) of FIFRA, EPA must provide a 180-day opportunity for
comment on a request for voluntary cancellation before granting the
request, unless the registrant requests that the comment period be
waived or EPA determines that waiver is necessary in order to prevent
unreasonable adverse effects on the environment. The registrants have
requested that the Agency waive the comment period before taking action
on their requests to cancel the registrations of the products
identified in Tables 1 and 2. In light of this request, and in order to
expedite the risk mitigation measures set forth in the Agreement, EPA
is granting the request to waive the comment period and is canceling
the registrations today as part of this Notice. As part of the
Agreement negotiated with the registrants, EPA agreed to allow
continued sale and distribution of existing stocks of canceled products
to facilitate recall, continued use of product in containers opened
before the date of the Agreement, and use of recalled products for
purposes of reformulation into products conforming to the terms of the
Agreement. The full terms of the existing stocks provisions are set
forth in the Cancellation Order in section B of this Unit.
B. Cancellation Order
The Agency hereby cancels, pursuant to FIFRA section 6(f), the
pesticide product registrations listed in Tables 1 and 2. Any
distribution, sale or use of existing stocks of these canceled products
that is not consistent with the provisions of this Order will be
considered a violation of FIFRA section 12(a)(2)(K) and/or section
12(a)(1)(A). For purposes of this Order, existing stocks are defined as
those stocks of a methyl parathion product canceled pursuant to this
Order which were in the United States and were packaged, labeled, and
released for shipment prior to the cancellation of the product's
registration.
1. Distribution or sale of existing stocks. No person may
distribute or sell existing stocks of canceled methyl parathion
products identified in Table
[[Page 23451]]
1, except to facilitate: (1) Recall of product for reformulation
purposes; (2) lawful disposal of the product; or (3) export of the
product consistent with the provisions of FIFRA. The Agency is allowing
distribution or sale of existing stocks of canceled products identified
in Table 2 until such stocks are exhausted.
2. Use of existing stocks. No person may use existing stocks of
canceled methyl parathion products identified in Table 1 unless the
existing stocks are in containers opened prior to publication of this
Notice. Any use of such existing stocks in open containers must be in
accordance with the previously-approved labeling accompanying the
product. Existing stocks may also be used for reformulation purposes,
provided that the reformulated product is formulated, packaged and
labeled in accordance with a replacement registration under the terms
of the December 30, 1996 Agreement between EPA and certain registrants
of methyl parathion products (or in accordance with a similar
registration granted or amended by EPA after publication of this Order)
or the reformulated product is produced, labeled, and distributed or
sold for export purposes in accordance with all relevant requirements
of section 17 of FIFRA. Persons may use existing stocks of canceled
products identified in Table 2 until such stocks are exhausted,
provided that such use is in accordance with the previously-approved
labeling accompanying the product.
3. Transportation. The transportation of products containing
canceled methyl parathion is subject to the requirements of the
Department of Transportation's regulations concerning the
transportation of hazardous materials.
4. Disposal. Any disposal of existing stocks must be in accordance
with all applicable Federal, State, and local law.
II. Memorandum of Agreement Between the Environmental Protection
Agency and Signatory Registrants Regarding the Registration of
Pesticide Products Containing Methyl Parathion
This Memorandum sets forth the terms of an Agreement
(``Agreement'') between the United States Environmental Protection
Agency (``EPA'') and the undersigned registrants (``Registrants'')
regarding the registrations held by the Registrants under the
Federal Insecticide, Fungicide and Rodenticide Act (``FIFRA'') of
certain pesticide products containing methyl parathion (O,O-
dimethyl-O-(p-nitrophenyl) phosphorothioate) as the active
ingredient.
Methyl parathion emulsifiable concentrate (``EC'') products are
registered for outdoor use on a number of crops, but are not
registered for any indoor uses. However, during the past few years,
a number of separate incidents have occurred in which methyl
parathion EC products have been illegally used indoors as an
insecticide in homes and other locations, posing potentially
significant health risks to persons who live in or frequent these
indoor areas, and resulting in significant relocation and cleanup
costs. EPA and the Registrants that have entered this Agreement are
concerned about the illegal indoor use of methyl parathion EC
products, and expect that the steps set forth in this Agreement will
make the illegal diversion of methyl parathion EC products to indoor
uses much more difficult and unlikely. While many of these steps
could have been accomplished through amendments to the existing
registrations, EPA requested, and the Registrants that have entered
this Agreement consented to, the issuance of replacement
registrations and the cancellation of existing registrations in
order to allow the Agency to ensure participation in the recall and
exchange program set forth in this Agreement (by allowing the Agency
to prohibit the sale and use of product that does not conform to the
terms of this Agreement). This Agreement and these cancellations are
neither designed nor intended to affect the availability of methyl
parathion EC products for existing outdoor uses, provided those
products are properly packaged and formulated in order to discourage
illegal diversion to indoor uses. In addition to packaging and
formulation changes, this Agreement includes provisions for the
recall of existing stocks of products that do not conform to the
terms of this Agreement and the replacement of such stocks with
conforming products, as well as provisions designed to educate and
remind distributors, sellers, agricultural users, and occupants of
indoor areas of the risks of illegal indoor use and of the
importance of using methyl parathion EC products only for their
lawfully labeled uses.
The specific terms of this Agreement are as follows:
1. Within 2 weeks of the effective date of this Agreement, any
party to this Agreement that desires to continue to hold a
registration for any pesticide product containing methyl parathion
as the sole active ingredient in a technical (manufacturing use)
product or in an emulsifiable concentrate, non micro-encapsulated,
end-use product shall submit to EPA an application for registration
pursuant to Sec. 3(c)(7)(A) of FIFRA. Such an application will be
consistent with the appropriate provisions of paragraphs 7 through
10 of this Agreement, and conform with the provisions of Appendix A
to this Agreement. Such an application shall be deemed to be
complete if it contains all the information specified in Appendix A
to this Agreement. An application must be for a product that is
identical to a currently-registered product in composition and
labeling, except insofar as differences are dictated by the terms of
this Agreement. An applicant may include in its application
alternative formulations, provided that each such formulation is
identical to the composition of a currently registered end-use
product except insofar as differences are dictated by the terms of
this Agreement. No application submitted pursuant to this Paragraph
may cover any formulation which contains more than 5 pounds of
methyl parathion per gallon of end-use product.
2. Within 2 weeks of the effective date of this Agreement, each
Registrant that is a party to this Agreement shall submit to EPA,
pursuant to Sec. 6(f) of FIFRA, a request for voluntary
cancellation of each registration held by such Registrant identified
in Appendix B and Appendix D to this Agreement. Any such request for
voluntary cancellation may be expressly conditioned upon EPA's grant
of any application(s) for registration made by such Registrant
pursuant to Paragraph 1 of this Agreement, and its issuance of an
existing stocks order(s) conforming to paragraphs [5] and [6], as
appropriate.
3. EPA will, as expeditiously as possible, review any
applications for registration submitted pursuant to Paragraph 1 of
this Agreement, and will grant any such applications that comply
with the terms of this Agreement. EPA will make a good faith effort
to act on any such application within seven working days of receipt
of the application.
4. EPA will, as expeditiously as possible, grant requests for
voluntary cancellation submitted pursuant to Paragraph 2 of this
Agreement. If a request for voluntary cancellation is conditioned
upon the grant of an application(s) for registration submitted
pursuant to Paragraph 1 of this Agreement, EPA will not grant such
request prior to approving the application for registration. EPA
will publish a cancellation order in the Federal Register announcing
the effective date of such cancellations and establishing conditions
concerning the sale, distribution and use of existing stocks of the
canceled products.
5. EPA does not intend to allow any sale, distribution, or use
of existing stocks of any EC product containing methyl parathion as
the sole active ingredient canceled pursuant to the terms of this
Agreement, except that the Agency does intend to permit sale or
distribution for the purposes of facilitating the recall of canceled
product pursuant to Paragraph 10, continued use of product in
containers opened prior to the date of this Agreement, and use of
recalled product for purposes of reformulation into products
conforming with the terms of this Agreement. EPA intends to allow
the continued sale, distribution, or use of the end-use products
listed in Appendix D and canceled pursuant to this Agreement until
such stocks are exhausted.
6. EPA does not intend to allow the use of existing stocks of
any technical (manufacturing use) product canceled pursuant to this
Agreement, except that the Agency does intend to permit the use of
such existing stocks of technical (manufacturing use) product to
formulate end-use products registered pursuant to Paragraph 3 of
this Agreement and in compliance with all the terms of this
Agreement or to formulate end-use products bearing EPA registration
numbers 279-2149; 279-2609; 4581-292; 4787-19; 34704-183; 34704-478;
34704-715; or an end-use product that has been specifically approved
by EPA or by a State under FIFRA Section 24 after the date of this
Agreement, for sale, distribution and use in any or all of the
United States.
[[Page 23452]]
7. Applications for registration of technical (manufacturing
use) pesticide products submitted pursuant to Paragraph 1 must
include in the Directions for Use section of the label the following
statements:
``This product may not be reformulated into end-use pesticide
products that contain methyl parathion as the sole active ingredient
in an emulsifiable concentrate (EC), non micro-encapsulated,
formulation unless the end-use products: (1) are packaged in
returnable, refillable containers that contain a tamper-resistant
mechanism (such as the MICRO MATIC valve system) that does not
permit removal of material without specialized equipment (unless the
end-use product is labeled in accordance with Paragraph 9 of the
December 1996 Agreement between EPA and Registrants of Products
containing Methyl Parathion); (2) contain in its formula a stenching
agent approved by EPA for the purpose of discouraging indoor use;
(3) are packaged in labeled containers bearing a unique
identification number that will remain on the label or container at
all times; and (4) do not contain more than 5 pounds of methyl
parathion per gallon of end-use product. This product may only be
reformulated into an end-use product that does not contain methyl
parathion as the sole active ingredient in an emulsifiable
concentrate, non micro-encapsulated, formulation if the end-use
product either bears EPA registration numbers 279-2149; 279-2609;
4581-292; 4787-19; or 34704-183; 34704-478; 34704-715; or has been
specifically approved by EPA or by a State under FIFRA Section
24(c), after the date of this Agreement, for sale, distribution and
use in any or all of the United States.''
8. Applications for end-use pesticide products submitted
pursuant to Paragraph 1 of this Agreement must contain the following
statements on the label:
(A) ``SPECIAL INSTRUCTIONS FOR RESTRICTED USE PESTICIDE
RETAILERS: In addition to any other required records, restricted use
pesticide retailers must record at the time of sale the unique
container identification number on this label or container and the
identity of the purchaser of the container.''
(B) [In the storage and disposal section of the label]
``Returnable/Refillable Sealed Container: Do not break seals or add
any material to the container. Do not rinse container or empty any
residue from container. This container must be returned intact after
use to the point of purchase.''
(C) [Appropriate language that identifies the equipment
necessary for the removal of product from the container, and how
that equipment must be used in order to remove product from the
container.]
9. An application for an end-use pesticide product registration
with directions for use on winter wheat submitted pursuant to
Paragraph 1 may include, if the Registrant desires, an alternate
label which must include the following language:
``This product may be distributed, sold or used only for
application to winter wheat in Kansas, Oklahoma and Texas. All
distribution or sale of this product after March 31, 1997, is
prohibited unless such distribution or sale is for the sole purpose
of recalling material and returning it to the Registrant, or for the
purpose of proper disposal. Use of this product after March 31,
1997, is prohibited unless the product is opened and first used
prior to March 31, 1997. Containers unopened on or after March 31,
1997, must be returned to the point of purchase for replacement,
credit, or refund.''
10. Applications for registration submitted pursuant to
Paragraph 1 must include a specific request that the following
conditions be accepted by EPA as conditions of registration:
(A) The applicant agrees that, as a condition of registration,
the following steps will be taken to assure that existing stocks of
pesticide products sold under any registrations for EC products
listed in Appendix B held by such Registrant and canceled pursuant
to Paragraph 4 of this Agreement are recalled:
(1) Letters to Distributors: Letters must be sent, by certified
mail, return receipt requested, on or before January 31, 1997, to
all persons (other than another signatory Registrant) who sell or
distribute to retailers and who purchased any stocks of a registered
EC product listed in Appendix B directly from the Registrant between
January 1, 1994, and the date of this Agreement, informing the
distributor that the registration of such product has been or will
be canceled pursuant to this Agreement; that after the registration
is canceled, sale or distribution of existing stocks of such product
(except for purposes of facilitating a recall) will not be lawful
under FIFRA; and that the Registrant is recalling all unopened
containers of methyl parathion EC products down to the user level.
The letter shall further state that the distributor will either
receive replacement product of equal value or full credit for any
material returned, and that Cheminova or the Registrant (whichever
party is bearing the cost) will bear the cost of transportation of
product from the distributor level to a site where such material
will be collected by Cheminova or the Registrant (whichever party is
collecting recalled material).
(2) Letters to Retailers: Letters must be sent by certified
mail, return receipt requested, by January 31, 1997, to all other
persons (other than signatory Registrants) who sold any stocks of a
registered EC product listed in Appendix B between January 1, 1994,
and the date of this Agreement, informing such person that the
registration of such product has been or will be canceled pursuant
to this Agreement; that after the registration is canceled, sale or
distribution of existing stocks of such product (except for purposes
of facilitating a recall) will not be lawful under FIFRA; and that
the Registrant is directing a recall of all unopened containers of
such products down to the user level. The letter shall request that
each retailer notify every customer that purchased such product from
the recipient after January 1, 1995, of this recall effort, and
encourage the customer to return unopened containers to the
recipient for either replacement product of equal value or full
credit. The letter shall also notify the retailer that the recipient
will get either replacement product of equal value or full credit
for all material returned by the recipient, and shall provide the
recipient with information on how to return product to the
Registrant or to some other person collecting recalled product for
the Registrant.
(3) The Registrant fulfills its obligations as set forth in each
of the letters described in subparagraphs (A)(1) and (A)(2) of this
Paragraph.
(4) The Registrant will notify EPA within forty-five days after
the effective date of this Agreement of:
(a) the location of collection sites for recalled material;
(b) the name and address of each person who was sent a letter
pursuant to subparagraphs (A)(1) and (A)(2) of this paragraph, and,
for each addressee, whether the letter was delivered, whether the
addressee responded, whether the addressee participated or has
indicated that he/she plans to participate in the recall, and the
total amount returned by each addressee; and
(c) the location of the registered establishments that will
carry out the reformulation.
For purposes of complying with these conditions of registration,
a conforming letter will be deemed to have been sent if: (1) the
letter was sent prior to the effective date of this Agreement and
the letter informed the recipient of the recall effort and that
returned material will be credited; and (2) the Registrant contacts
on or before February 21, 1997, either by telephone or by certified
mail, return receipt requested, all addressees who have neither
returned any product nor communicated with the Registrant concerning
the recall effort. If such contact is by telephone, the Registrant
shall make a written record that shall include the date and time of
call; the identity of the addressee; the name and title of the
person spoken with; whether the addressee was aware of the recall
effort; and whether the addressee has any material to be recalled.
If the addressee was not aware of the recall effort, the Registrant
shall also provide the addressee with all the information that would
have been provided had a letter been sent pursuant to subparagraph
(A)(1) or (A)(2), whichever letter would have been appropriate for
the particular addressee. Such telephone records shall be provided
to EPA on or before March 31, 1997. If a certified letter is sent,
the letter shall contain all the information that must be included
in any letter sent pursuant to subparagraph (A)(1) or (A)(2),
whichever letter is appropriate for the particular addressee, and
the Registrant shall provide to EPA on or before March 31, 1997, the
information required by subparagraph (A)(4)(b).
Also for purposes of complying with this condition of
registration, a Registrant may rely on any other signatory
Registrant to perform any of the obligations called for in this
Paragraph, provided that each Registrant understands that failure to
send letters to purchasers of a particular Registrant's canceled
product will be considered a violation of the condition of
registration of such Registrant's replacement product granted
pursuant to Paragraph 3 of this Agreement.
[[Page 23453]]
(B) All end-use products produced under registrations granted
pursuant to Paragraph 3 of this Agreement shall contain either
valeric acid or another stenching agent specifically approved by the
Agency in writing for inclusion in EC products containing methyl
parathion as the sole active ingredient. Neither the presence,
identity, nor certified limits of such stenching agent may be
changed without the prior, written approval of EPA.
(C) All end-use products produced under registrations granted
pursuant to Paragraph 13 of this Agreement shall be packaged in
returnable, refillable containers that bear a tamper-resistant
mechanism (such as the MICRO MATIC valve system) that is designed to
not permit removal of material without specialized equipment and
that contain a unique identification number that appears either on
the label or on the container itself, except that prior to March 31,
1997, end-use products may be packaged in fifty-five gallon drums
containing a unique identification number if the product label
conforms with Paragraph 9 of this Agreement.
(D) No language identified in Paragraphs 7 through 9 of this
Agreement may be changed by a Registrant without first obtaining
prior, written approval from EPA.
(E) The Registrant must establish a system to track all sales of
all individual end-use product sold under registrations granted
pursuant to Paragraph 3 of this Agreement through all levels of the
distribution chain. The registrant must, upon request by EPA or an
appropriate State authority, provide information from such a system
regarding the particular identity of the purchaser or seller of any
particular container and the date of sale.
(F) In the case of registrations held by Cheminova Agro A/S and/
or Cheminova, Inc.
(``Cheminova''), Cheminova will conduct an education campaign
that meets the specifications set forth in Appendix C to this
Agreement.
(G) The Registrant agrees that failure to comply with any of the
conditions of registration set forth in this Paragraph shall be
grounds for cancellation of the affected registration(s) under FIFRA
section 6(e).
11. All the signatories to this Agreement agree that they will
not challenge any of the provisions of this Agreement in any forum.
12. This Agreement constitutes the complete agreement reached by
EPA and the Registrants.
13. EPA does not intend to require persons other than
nonsignatory registrants to make any report pursuant to FIFRA
section 6(g) for products canceled pursuant to this Agreement before
March 15, 1997.
14. EPA does not intend at this time to grant any application
for registration, or amendment to any existing registration, of any
technical (manufacturing use) product containing methyl parathion as
the sole active ingredient, or of any end-use product containing
methyl parathion as the sole active ingredient in an EC, non micro-
encapsulated formulation, unless the registration either conforms to
the applicable terms of this Agreement or includes terms and
conditions that provide equivalent controls designed to minimize the
possibility of unlawful indoor use. If EPA does grant any
registrations similar to the ones granted pursuant to Paragraph 3 of
this Agreement with terms and conditions different than those set
forth in this Agreement, the signatory Registrants may request
(through appropriate applications for new registrations or
amendments to existing registrations) registrations with similar
conditions pursuant to FIFRA section 3(c)(7)(A).
15. This Agreement shall take effect if Cheminova and EPA sign
the Agreement. The effective date shall be the date that the last
party signs the Agreement or January 15, 1997, whichever occurs
earlier.
Dated this 30th day of December 1996
Environmental Protection Agency
Signed 12/30/96
Cheminova Agro A/S
Signed 12/30/96
Helena Chemical Company
Signed 1/6/97
Riverside/Terra Corporation
Signed 1/15/97
Platte Chemical Company, Inc.
Signed 1/15/97
Micro Flo Company
Signed 1/7/97
Wilbur Ellis Company
Signed 1/15/97
Appendix A
An application for the registration of a product containing methyl
parathion submitted pursuant to this Agreement shall include the
following:
* A Cover Letter
* An Application for Pesticide Registration (8570)
* A Confidential Statement of Formula (CSF) (8570-4)
* A Formulator's Exemption Form (in the case of an application
for an end-use product)
* Five Copies of draft labeling which may consist of a hand
edited label from an existing, similar product.
The cover letter shall state that the application is for
registration of a product under the Agreement, and that the
applicant relies upon data submitted to support the registration of
the product(s) that the applicant voluntarily seeks to cancel. It
shall also state that the labeling of the product complies with the
terms of the Agreement, that maintenance of the registration is
conditioned upon compliance with Paragraph 10 of the Agreement, and
that failure to comply with those conditions may result in
cancellation of the registration under FIFRA Section 6(e). The
letter must include the EPA registration number of the product to be
canceled to which this application is substantially similar, and
must state that the application qualifies for expedited review under
the terms of the Agreement.
Appendix B
Table 1
----------------------------------------------------------------------------------------------------------------
Company Reg. No. Product SLNs
----------------------------------------------------------------------------------------------------------------
Wilbur Ellis 2935-142 Methyl Parathion 4 TX910009
2935-363 Methyl Parathion 5 ID870012
ID920007
MT920004
OR920012
WA920016
NV780004
2935-421 Methyl Parathion 7.5
----------------------------------------------------------------------------------------------------------------
Cheminova 4787-4 MP Technical
4787-11 Methyl Parathion 4 EC TX 960013
4787-18 Methyl Parathion 7.5
4787-22 Prentox MP Technical
----------------------------------------------------------------------------------------------------------------
Helena 5905-55 4 LB Methyl ID920006
TX950012
WA920014
5905-414 7.5 Methyl TX910006
----------------------------------------------------------------------------------------------------------------
Riverside Terra 9779-34 Methyl 4 ID920014
WA930015
9779-218 Methyl TX940013
----------------------------------------------------------------------------------------------------------------
[[Page 23454]]
UAP (Platte) 34704-10 Methyl 4E ID920009
MS820047
MT920003
ND790009
OR920018
TX830025
WA920017
34704-72 Methyl 7.5
34704-94 Metaspray 5E
34704-433 Methyl 5E
----------------------------------------------------------------------------------------------------------------
Micro Flo 51036-18 Methyl 4 ID940005
TX940007
WA940028
51036-42 Methyl Liquid 4 Prod.
51036-88 #909
51036-278 Methyl 6 EC
Technical MP
----------------------------------------------------------------------------------------------------------------
Appendix C
Education Campaign to be Conducted by Cheminova
Cheminova shall conduct an education campaign that will include
the following elements:
1. Cheminova will include in its product stewardship program a
campaign to educate formulators, distributors, retailers, dealers,
applicators and growers about the addition of the stenching agent
and the reasons for doing so. The campaign will be designed to
inform the target audience that prevention of misuse of methyl
parathion EC products is a priority and the target audience has an
obligation to ensure that the product is not diverted for illegal
uses.
The campaign will include, at a minimum,
(a) Mailings to be completed by March 31, 1997, to all United
States retailers of methyl parathion EC products and to all United
States national organizations representing growers of crops for
which methyl parathion has a registered use;
(b) Issuance of a press statement or release; and
(c) Placement of ``advertorials'' which will be initiated by
March 31, 1997, and will be sent to print media, including at a
minimum, Pest Control Technology, Pest Management, Farm Chemicals,
and The Cotton Grower.
By February 15, 1997, Cheminova will provide EPA with drafts of
the materials to be used in this campaign, for review and comment.
EPA will provide comments to Cheminova within fifteen calendar days
of receipt of the materials. If Cheminova disagrees with any
comments submitted by EPA, Cheminova and EPA shall negotiate in good
faith to resolve such disagreement(s). If the parties are unable to
reach agreement on any matter after such negotiations, either party
may request that the Director of the Office of Pesticide Programs at
EPA (``Director'') resolve the matter. Upon Cheminova's request, the
Director shall meet with Cheminova before reaching a decision on the
matter. Cheminova shall accept the Director's decision as final, and
materials used in the campaign shall be consistent with the
Director's decision.
2. Cheminova will develop and distribute both a video public
service announcement (PSA) and an audio PSA which provide
information to the public concerning avoiding indoor use of
agricultural pesticides in general, and about methyl parathion in
particular.
(a) By the end of February 1997, Cheminova will select a public
relations firm to manage this effort.
(b) By March 15, 1997, Cheminova will submit the proposed PSA
scripts to EPA for comment. EPA will provide comments to Cheminova
within fifteen calendar days of receipt of the materials. If
Cheminova disagrees with any comments submitted by EPA, Cheminova
and EPA shall negotiate in good faith to resolve such
disagreement(s). If the parties are unable to reach agreement on any
matter after such negotiations, either party may request that the
Director of the Office of Pesticide Programs at EPA (``Director'')
resolve the matter. Upon Cheminova's request, the Director shall
meet with Cheminova before reaching a decision on the matter.
Cheminova shall accept the Director's decision as final, and the
PSAs shall be consistent with the Director's decision. Cheminova
will complete production of the PSAs within 75 calendar days of
receiving EPA comments (or, if there are any disagreements, of final
resolution of such disagreements) or by June 15, 1997 (whichever is
later).
(c) Cheminova will work with EPA and with staff at the U.S.
Department of Agriculture's Food and Nutrition Network (to the
extent that the Food and Nutrition Network judges the PSAs
appropriate for its program) to identify the list of recipients of
the PSAs. At a minimum, this list will include (1) major radio and
television stations throughout U.S. cotton growing states as well as
the states of Michigan, Ohio, and Illinois, and (2) state agencies
and local or national organizations which are appropriate for
disseminating the PSAs.
(d) Cheminova will produce sufficient copies of the PSAs for
those recipients identified pursuant to subparagraph (c), and will
distribute copies to these groups by July 15, 1997, or by the date
30 days after completing production of the PSAs, whichever is later.
3. Cheminova will assume the responsibility for developing the
newly added component on deterrence of misuse for the Best
Management Practices Task Force's educational and training program.
The Task Force has agreed that the training will be conducted by the
sales forces of the eight agrochemical companies which are members
of the Task Force.
(a) The education program will target formulators/distributors,
dealers/retailers, certified applicators (e.g., custom applicators),
and growers.
(b) The materials to be used in the program will include
brochures, point-of-purchase displays for dealerships,
advertisements in dealer magazines, or other written material. The
main forum for the misuse component discussed in subparagraph (c)
will be meetings with distributors, retailers, applicators, and
growers.
(c) The misuse component will focus on the importance of keeping
restricted use materials out of the hands of uncertified applicators
and will specifically mention the prevention of illegal diversion of
agricultural pesticides for household use, as well as specific
responsibilities and actions these target groups can take in helping
to prevent such diversions. The program will include a discussion of
the potential civil and criminal penalties that are implicated by
sale to uncertified applicators, the risks to human health and the
environment, and the stake which distributors, retailers, and
farmers have in ensuring that the availability of valuable crop
protection tools are not jeopardized by misuse.
(d) Cheminova will include key grower organizations (e.g.,
National Cotton Council, Delta Council) in the development of the
materials for the deterrence component through review and comments
on drafts.
Appendix D
------------------------------------------------------------------------
Company Reg. No. Product
------------------------------------------------------------------------
Wilbur Ellis 2935-482 Ethyl-Methyl
Parathion 6-3
------------------------------------------------------------------------
Helena 5905-198 Malathion-Methyl
5905-515 Parathion
Parathion-Methyl P
6-3
------------------------------------------------------------------------
Riverside Terra 9779-153 Mal-Methyl 44E
9779-207 Mal-Methyl 63 ULV
9779-323 Dithon 63
------------------------------------------------------------------------
[[Page 23455]]
List of Subjects
Environmental protection, Pesticides, Voluntary cancellations.
Dated: April 15, 1997.
Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 97-11019 Filed 4-29-97; 8:45 am]
BILLING CODE 6560-50-F