[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                                                    
----------------------------------------------------------------------------------------------------------------
               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               
----------------------------------------------------------------------------------------------------------------
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                                
------------------------------------------------------------------------
             Company                   Reg. No.             Product     
------------------------------------------------------------------------
Riverside Terra                   9779-153            Mal-Methyl 44E    
                                  9779-207            Mal-Methyl 63 ULV 
                                  9779-323            Dithon 63         
------------------------------------------------------------------------

    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