[Federal Register Volume 67, Number 36 (Friday, February 22, 2002)]
[Notices]
[Pages 8244-8246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4306]



[[Page 8244]]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-66300; FRL-6826-8]


Notice of Receipt of Requests to Cancel Certain Chromated Copper 
Arsenate (CCA) Wood Preservative Products and Amend to Terminate 
Certain Uses of CCA Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Pursuant to section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a 
notice of receipt of requests from registrants of affected chromated 
copper arsenate (CCA) products to cancel certain products and to amend 
to terminate certain uses of other CCA products. These requests were 
submitted to EPA in February 2002. EPA intends to grant these requests 
at the close of the comment period for this announcement unless the 
Agency receives substantive comments within the comment period that 
would merit its further review of these requests. Upon acceptance of 
these requests, any sale, distribution, or use of products listed in 
this notice will only be permitted if such distribution, sale, or use 
is consistent with the terms as described in this notice.

DATES: Comments must be received on or before March 25, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPP-66300 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: By mail: Bonaventure Akinlosotu, 
Antimircrobial Division (7510C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460.
    Office location for commercial courier delivery, telephone number, 
and e-mail address: Rm. 308, Crystal Mall #2, 1921 Jefferson Davis 
Highway, Arlington, VA 22202, (703) 605-0653; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: This announcement consists of five parts. 
The first part contains general information. The second part addresses 
the registrants' requests for registration cancellations and amendments 
to terminate uses. The third part describes the action taken by this 
notice. The fourth part describes the Agency's legal authority for the 
action announced in this notice. The fifth part proposes existing 
stocks provisions that the Agency intends to authorize.

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. You may be 
potentially affected by this action if you manufacture, sell, 
distribute, or use CCA products. The Congressional Review Act, 5 U.S.C. 
801 et seq., as added by the Small Business Regulatory Enforcement 
Fairness Act of 1996, does not apply because this action is not a rule, 
for purposes of 5 U.S.C. 804(3). Since other entities may also be 
interested, the Agency has not attempted to describe all the specific 
entities that may be affected by this action. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-66300. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-66300 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-66300. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the

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information claimed as CBI must be submitted for inclusion in the 
public version of the official record. Information not marked 
confidential will be included in the public version of the official 
record without prior notice. If you have any questions about CBI or the 
procedures for claiming CBI, please consult the person listed under FOR 
FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, andFederal 
Register citation.

II. Background of the Receipt of Requests to Cancel and Amend 
Registrations to Delete Uses

    As a result of current and projected market demand and the 
availability of new generation wood treatment products, the below 
identified four registrants of CCA products have requested EPA to 
cancel certain affected products and to amend to terminate uses of the 
other pesticide registrations of the products identified in this notice 
(Tables 1 and 2). The letter from Arch Wood Protection, Inc. was dated 
February 5, 2002; from Chemical Specialties, Inc., dated February 4, 
2002; from Osmose, Inc., dated February 6, 2002; and from Phibro-Tech, 
Inc., dated February 6, 2002. Specifically, the Agency has received a 
request to cancel two products, and requests to amend other affected 
end-use and manufacturing-use registrations to terminate all uses of 
such products with the exception of the treatment of forest products 
that fall under the American Wood Preservers Association (AWPA) 
standards listed as stated below in the text of the requested label 
amendments.
    For affected manufacturing-use products, the label amendments would 
read as follows:
    Effective December 31, 2003, this product may only be used (1) 
for formulation of the following end-use wood preservative products: 
ACZA or CCA labeled in accordance with the ``Directions for Use'' 
shown below, or (2) by persons other than the registrant, in 
combination with one or more other products to make: ACZA wood 
preservative; or CCA wood preservative that is used in accordance 
with the ``Directions for Use'' shown below.
    Effective December 31, 2003, this product may only be used for 
preservative treatment of the following categories of forest 
products and in accordance with the respective cited standard (noted 
parenthetically) of the 2001 edition of the American Wood 
Preservers' Association Standards: Lumber and Timber for Salt Water 
Use Only (C2), Piles (C3), Poles (C4), Plywood (C9), Wood for 
Highway Construction (C14), Poles, Piles and Posts Used as 
Structural Members on Farms, and Plywood Used on Farms (C16), Wood 
for Marine Construction (C18), Round Poles and Posts Used in 
Building Construction (C23), Sawn Timber Used To Support Residential 
and Commercial Structures (C24), Sawn Crossarms (C25), Structural 
Glued Laminated Members and Laminations Before Gluing (C28), 
Structural Composite Lumber (C33), and Shakes and Shingles (C34). 
Forest products treated with this product may only be sold or 
distributed for uses within the AWPA Commodity Standards under which 
the treatment occurred.
    For affected end-use products, the label amendments would read as 
follows:
    Effective December 31, 2003, this product may only be used for 
preservative treatment of the following categories of forest 
products and in accordance with the respective cited standard (noted 
parenthetically) of the 2001 edition of the American Wood 
Preservers' Association Standards: Lumber and Timber for Salt Water 
Use Only (C2), Piles (C3), Poles (C4), Plywood (C9), Wood for 
Highway Construction (C14), Poles, Piles and Posts Used as 
Structural Members on Farms, and Plywood Used on Farms (C16), Wood 
for Marine Construction (C18), Round Poles and Posts Used in 
Building Construction (C23), Sawn Timber Used To Support Residential 
and Commercial Structures (C24), Sawn Crossarms (C25), Structural 
Glued Laminated Members and Laminations Before Gluing (C28), 
Structural Composite Lumber (C33), and Shakes and Shingles (C34). 
Forest products treated with this product may only be sold or 
distributed for uses within the AWPA Commodity Standards under which 
the treatment occurred.
    In addition, the registrants requested that EPA allow use of the 
previous (unamended) labels for a period of 60 calendar days from the 
date on which the particular affected registrant receives EPA's 
approval of the amendments, and that EPA allow a further amendment by 
notification on or before December 1, 2003 to: (1) Delete the use 
directions in effect prior to these amendments, and (2) to delete the 
statement ``Effective December 31, 2003'' from the amended labels 
approved by EPA. Furthermore, the registrants stated in their letters 
that they will not amend or withdraw their requests before EPA acts on 
them. The registrants also intend to notify their customers of the 
amended labels by certified mail after EPA acts on the request.
    The registrants also estimate that during the first year following 
acceptance of the amendments by EPA, sales of new generation wood 
treatment products are likely to increase to 15% to 25% of the total 
average sales during 1999, 2000, and 2001 of the products identified in 
Tables 1 and 2 for the non-industrial treatment categories subject to 
these amendments, and are estimated to increase to 60% to 70% of the 
same total average sales for these treatment categories subject to 
these amendments during the second year following acceptance of the 
amendments by EPA. Further, the registrants estimate that during the 
first year following acceptance of the amendments by EPA, sales of the 
products identified in Tables 1 and 2 are likely to decrease by 15% to 
25% of their total average sales during 1999, 2000, and 2001 for the 
non-industrial treatment categories subject to the amendments, and are 
estimated to decrease by 60% to 70% of the same total average sales 
during 1999, 2000, and 2001 for these treatment categories subject to 
the amendments during the second year following acceptance of the 
amendments by EPA.

III. What Action is the Agency Taking?

    This notice announces receipt by the Agency under section 6(f)(1) 
of FIFRA from the four identified registrants of CCA products of 
requests to cancel two affected products and to amend other affected 
CCA product registrations to terminate all uses with the exception of 
the treatment of forest products listed above. The affected products 
and the registrants making the requests are identified in Tables 1 - 3 
below.

 Table 1.--Registrations With Requests for Amendments to Terminate Uses
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            Registration Number                     Product Name
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End Use Products
3008-17                                     K-33-C (72%) Wood
                                             Preservative

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3008-21                                     Special K-33 Preservative
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3008-34                                     K-33 (60%) Wood Preservative
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3008-35                                     K-33 (40%) Type-B Wood
                                             Preservative
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3008-36                                     K-33-C (50%) Wood
                                             Preservative
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3008-42                                      K-33-A (50%) Wood
                                             Preservative
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3008-72                                     Osmose Arsenic Acid 75%
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10465-26                                    CCA Type-C Wood Preservative
                                             50%
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10465-28                                     CCA Type-C Wood
                                             Preservative 60%
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10465-32                                    CSI Arsenic Acid 75%
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35896-2                                     Wood-Last Conc. Wood
                                             Preservation AQ 50%
                                             Solution CCA-Type A
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62190-2                                     Wolmanac
                                             Concentrate 50%
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62190-8                                     Wolmanac
                                             Concentrate 72%
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62190-14                                    Wolmanac
                                             Concentrate 60%
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Manufacturing Use Products
3008-66                                     Arsenic Acid 75%
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10465-32                                    CSI Arsenic Acid 75%
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62190-7                                     Arsenic Acid 75%
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   Table 2.--Registrations with Requests for Cancellation of Products
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            Registration Number                     Product Name
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62190-5                                     WolmanacR Concentrate 70%
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62190-11                                    CCA Type C 50% Chromated
                                             Copper Arsenate
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    Table 3 below includes the names and addresses of record for all 
registrants of the products in Tables 1 and 2.

  Table 3.--Registrants Requesting Voluntary Termination of uses and/or
                        Cancellation of Products
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              EPA Company No.                 Company Name and Address
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003008                                      Osmose, Inc.
                                            980 Ellicott Street
                                            Buffalo, NY 14209
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010465                                      Chemical Specialties. Inc.
                                            One Woodlawn Green, Suite
                                             250
                                            200 E. Woodlawn Road
                                            Charlotte, NC 28217
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035896                                      Phibro-Tech, Inc.
                                            One Parker Plaza
                                            Fort Lee, NJ 07024
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062190                                      Arch Wood Protection, Inc.
                                            1955 Lake Park Drive, Suite
                                             250
                                            Smyrna, GA 30080
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IV. What is the Agency's Authority for Taking This Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide 
product may at any time request that a pesticide registration of the 
registrant be canceled or amended to terminate one or more uses. The 
Act further provides that, before acting on the request, EPA must 
publish a notice of receipt of any such request in the Federal 
Register. Thereafter, following the public comment period, the 
Administrator may approve such a request.

V. Provisions for Disposition of Existing Stocks

    In any order issued in response these requests for amendment to 
terminate uses, the Agency proposes to include the following provisions 
for the treatment of any existing stocks of the products identified or 
referenced in Table 1:
    All distribution, sale, and use of existing stocks of affected 
manufacturing-use and end-use products will be unlawful under FIFRA 
effective December 31, 2003, except for purposes of shipping such 
stocks for relabeling or repackaging, export consistent with the 
requirements of section 17 of FIFRA, or proper disposal, unless such 
stocks have been relabeled or repackaged in a manner that is consistent 
with this order.
    In any order issued in response to the above-noted a request for 
cancellation of a product registration, the Agency proposes to not 
grant any period of time for disposition of existing stocks of the 
products for which cancellation was requested as identified or 
referenced in Table 2.

List of Subjects

    Environmental protection, Pesticides and pests


    Dated: February 15, 2002.
Frank Sanders,
Director, Antimicrobial Division, Office of Pesticide Programs.
[FR Doc. 02-4306 Filed 2-21-02; 8:45 am]
BILLING CODE 6560-50-S