[Federal Register Volume 68, Number 68 (Wednesday, April 9, 2003)]
[Notices]
[Pages 17366-17372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8372]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0104; FRL-7301-2]


Response to Requests to Cancel Certain Chromated Copper Arsenate 
(CCA) Wood Preservative Products and Amendments to Terminate Certain 
Uses of other CCA Products

AGENCY:  Environmental Protection Agency (EPA)

ACTION:  Notice of a Cancellation Order.

-----------------------------------------------------------------------

SUMMARY:  This notice announces that a cancellation order was signed on 
March 17, 2003, in response to the use terminations and cancellations 
voluntarily requested by the registrants of wood preservative pesticide 
products containing Chromated Copper Arsenate (CCA) pursuant to section 
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), as amended. In addition to stating the Agency's response to 
the requests for cancellation of certain CCA products and amendments to 
terminate certain uses of other CCA products, this notice also 
addresses the considerable number of comments received in response to 
the Agency's requests for public comments on the above stated requests. 
In the cancellation order, the Agency granted certain of the 
aforementioned requests and did not take any action regarding certain 
other elements of the requests. Any sale, distribution, or use of 
affected products listed in this notice will only be permitted if such 
distribution, sale, or use is consistent with terms and conditions set 
forth in the cancellation order.

DATES:  The effective dates of cancellation are as follows:(1) For 
affected product registrations--March 17, 2003 (2) For affected product 
registrations amended to delete terminated uses--May 16, 2003.

FOR FURTHER INFORMATION CONTACT:  By mail: Bonaventure Akinlosotu, 
Office of Pesticide Programs (7510C), Environmental Protection Agency, 
1200 Pennsylvania Avenue, N.W., 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 provides 
background, and summarizes the use terminations and product 
cancellations requested by the CCA product registrants. The third part 
summarizes the comments received in response to the Agency's request 
for public comments on the aforementioned registrants' requests, and 
provides the Agency's response to the comments. The fourth part 
provides a summary of the Agency's decision on the voluntary 
cancellation and use termination requests. The fifth part sets forth 
the existing stocks provisions that the Agency authorized in the 
cancellation order.

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-2003-0104. 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.

II. Background and Summary of Registrants' Request to Cancel Products 
and Delete Uses

    On February 22, 2002, the Agency announced the receipt of requests 
from the registrants of wood preservative

[[Page 17367]]

pesticide products containing Chromated Copper Arsenate (CCA) to cancel 
certain CCA products and to amend the registrations to terminate 
certain uses of other CCA products (67 FR 8244)(FRL-6826-8). Another 
notice was issued (67 FR 13328, March 22, 2002)(FRL-6831-6) to extend 
the comment period until April 9, 2002. The requests proposed that only 
certain uses of CCA be allowed as of December 31, 2003. The registrants 
stated in their requests that their requests were being made as a 
result of current and projected market demand for CCA products and the 
availability of new generation wood treatment products. The Agency 
considers these voluntary moves toward arsenic-free wood treatment 
products as a positive step, particularly for our nation's children. 
The Agency believes that reducing the potential residential exposure to 
a known human carcinogen is desirable. This transition affects all 
future residential uses of wood treated with CCA, including wood used 
in playground structures, decks, picnic tables, landscaping timbers, 
residential fencing, patios, walkways and boardwalks.
    EPA received requests from four registrants (Table 1 of this unit) 
to cancel 2 products (Table 2 of this unit), and to amend 17 other 
affected end-use and manufacturing-use registrations to terminate all 
uses of such products (Table 3 of this unit) with the exception of the 
treatment of wood products that fall under the American Wood-
Preservers' Association (AWPA) standards (based on the 2001 edition of 
the AWPA Standards) listed in the text of the requested label amendment 
stated below.

 Table 1.--Registrants Requesting Voluntary Termination of Certain Uses
        and/or Cancellation of Products listed in Tables 2 and 3
------------------------------------------------------------------------
          EPA Company Number                Company Name and Address
------------------------------------------------------------------------
 003008                                Osmose, Inc., 980 Ellicott
                                        Street, Buffalo, NY 14209
------------------------------------------------------------------------
010465                                 Chemical Specialties. Inc.,One
                                        Woodlawn Green, Suite 250, 200
                                        E. Woodlawn Road, Charlotte, NC
                                        28217
------------------------------------------------------------------------
035896                                 Phibro-Tech, Inc., Fort Lee, NJ
                                        07024
------------------------------------------------------------------------
062190                                 Arch Wood Protection, Inc., 1955
                                        Lake Park Drive, Suite 250,
                                        Smyrna, GA 30080
------------------------------------------------------------------------


   Table 2.--Registrations with Requests for Cancellation of Products
------------------------------------------------------------------------
          Registration Number                      Product Name
------------------------------------------------------------------------
62190-5                                  WolmanacR Concentrate 70%
------------------------------------------------------------------------
62190-11                                 CCA Type C 50% Chromated Copper
                                          Arsenate
------------------------------------------------------------------------


    Table 3.--Registrations With Requests for Amendments to Terminate
                              Certain Uses
------------------------------------------------------------------------
          Registration Number                      Product Name
------------------------------------------------------------------------
End Use Products
----------------------------------------
  3008-17                                K-33-C (72%) Wood Preservative
------------------------------------------------------------------------
  3008-21                                Special K-33 Preservative
------------------------------------------------------------------------
  3008-34                                K-33 (60%) Wood Preservative
------------------------------------------------------------------------
  3008-35                                K-33 (40%) Type-B Wood
                                          Preservative
------------------------------------------------------------------------
  3008-36                                K-33-C (50%) Wood Preservative
------------------------------------------------------------------------
  3008-42                                K-33-A (50%) Wood Preservative
------------------------------------------------------------------------
  3008-72                                Osmose Arsenic Acid 75%
------------------------------------------------------------------------
  10465-26                               CCA Type-C Wood Preservative
                                          50%
------------------------------------------------------------------------
  10465-28                               CCA Type-C Wood Preservative
                                          60%
------------------------------------------------------------------------
  10465-32                               CSI Arsenic Acid 75%
------------------------------------------------------------------------
  35896-2                                Wood-Last Conc. Wood
                                          Preservation AQ 50% Solution
                                          CCA-Type A
------------------------------------------------------------------------
  62190-2                                Wolmanac Concentrate 50%
------------------------------------------------------------------------
  62190-8                                Wolmanac Concentrate 72%
------------------------------------------------------------------------
  62190-14                               Wolmanac Concentrate 60%
------------------------------------------------------------------------

[[Page 17368]]

 
Manufacturing Use Products
----------------------------------------
  3008-66                                Arsenic Acid 75%
------------------------------------------------------------------------
  10465-32                               CSI Arsenic Acid 75%
------------------------------------------------------------------------
  62190-7                                Arsenic Acid 75%
------------------------------------------------------------------------

    For affected manufacturing-use products, the label amendments were 
proposed to read as follows:
    Effective December 31, 2003, this product may only be used (1) 
for formulation of the following end-use wood preservative products: 
ammoniacal copper zinc arsenate (ACZA) or chromated copper arsenate 
(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 were proposed 
to 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 amendment(s) to terminate use(s), 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 preface phrase ``Effective December 31, 2003,'' from the 
amended labels such that the statement begins by reading, ``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* * *.'' Furthermore, 
the registrants stated in their letters that they would neither amend 
nor withdraw their requests for cancellation/use terminations before 
EPA acts on them. Additionally, the registrants will notify their 
customers of the amended labels by certified mail after EPA acts on the 
requests.

III. Summary of Public Comments Received and Agency Response to 
Comments

    The Agency issued a notice of receipt of the aforementioned 
requests along with a solicitation for public comments (February 22, 
2002), followed by another notice to extend the comment period until 
April 9, 2002 (March 22, 2002). Approximately 6,700 comments were 
submitted by the wood preservative industry, the chromium industry, the 
lumber industry, the agricultural industry, Kentucky and Texas State 
government officials, federal government officials, environmental 
groups, businesses and private citizens of Corpus Christi, Texas, as 
well as from others. Based on the nature of the concern(s) expressed, 
the comments were grouped into four major categories: (1) business and 
economic concerns from the Agricultural Community and Wood Treatment 
Industry, (2) concerns with the possible adverse economic impact on the 
Chromium Industry and Corpus Christi, Texas, (3) concerns raised by 
Environmental Groups, and (4) other significant, pertinent comments.
    Generally, the purpose of soliciting comments pursuant to Section 
6(f) of FIFRA is to give an opportunity to comment to those individuals 
or businesses that would be affected by a registrant's requested action 
and to those who may want to apply for a registration for a pesticide 
for which there is a request to cancel the registration or to terminate 
use(s). This process helps to ensure that EPA is basing its regulatory 
decisions on the most up-to-date and complete information. The Agency 
did not specifically solicit comments for the purpose of determining if 
the voluntary cancellation/use termination requests were comprehensive 
enough or fast enough. Because these are voluntary cancellation/use 
termination requests, the registrants have proposed their own terms of 
cancellation/use termination. This type of public comment opportunity 
under Section 6(f) differs from the current reregistration public 
process in that during the reregistration public process the Agency 
solicits comments on a draft preliminary risk assessment and on draft 
risk mitigation proposals in anticipation of actions that may not be 
voluntary. Therefore, the scope of the public comment opportunity in 
the reregistration process is much broader than the scope of the 
opportunity in this voluntary cancellation/use termination.
     Below is the summary of the comments received in response to EPA's 
request for public comments, along with the corresponding Agency 
response.

A. Business and Economic Concerns from the Agricultural Community and 
Wood Treating Industry

     Comments. The majority of the comments received within this 
category specifically requested that the Agency not accept the request 
to cancel the use of CCA-treated lumber for agricultural

[[Page 17369]]

fence posts based on the lack of exposure to children and the higher 
cost of the alternative products. These comments were received from the 
wood preservative, chromium, lumber, and agricultural industries, as 
well as private citizens, businesses, and town officials of Corpus 
Christi. With respect to exposure to children, the commenters stated 
their belief that there is little exposure to children from 
agricultural fencing (as compared to a deck or playground constructed 
of CCA treated wood) because agricultural fences are generally far away 
from residences and because children typically do not play on a fence 
as they would a deck or playground. In addition, the commenters stated 
that the exclusion of CCA-treated wood for agricultural fence posts 
from the label would cause an adverse economical impact on the 
agricultural, lumber, and wood treatment industries due to the higher 
cost of the alternative treatment products. The commenters stated that 
the wood treatment plants, the agricultural industry, and the chromium 
industry may suffer considerable financial and market damage due to the 
cost of converting wood preserving plants currently treating with CCA 
to an alternative chemical (estimated cost ranges from $75,000 to 
$125,000), and the costs of the alternative treatment products 
(estimated to be 10-15% higher than CCA products at the retail level 
and 30% higher than CCA products for the agricultural industry). The 
commenters stated their belief that as a result of the above stated 
concerns, there will be loss of employment within the industries 
concerned. The Agency also received a number of comments regarding the 
use of CCA to treat wood used for permanent wood foundations. The 
comments received indicated a need to retain this important use and 
that it posed little opportunity for residential exposure.
    Agency's response. The Agency is currently separately from this 
voluntary cancellation/use termination action, reviewing the exposure 
and risk (as well as the benefits) of all uses of CCA through its 
reregistration process. In light of the issues raised by commenters 
with regard to agricultural fence post and permanent wood foundation 
uses, EPA believes it is appropriate to evaluate the commenters' 
concerns during that review. For example, fence posts treated according 
to AWPA Standard C16 are for agricultural purposes only. This 
particular type of fence post is used by many farmers and ranchers for 
barbed and other wire fencing. The distribution channels, aesthetics, 
size, round shape, and random diameter of that type of fence post 
effectively limit its use for specific agricultural purposes, and make 
it inappropriate for residential applications. The Agency has 
determined, based on available information and field investigations, 
that agricultural fence posts are not sold into the residential market. 
On the other hand, wood treated for fence posts according to AWPA 
Standard C5 is sold at the retail level for residential fencing and can 
be used for other residential applications as well.
    Rather than delay acceptance of other portions of the voluntary 
cancellation/use termination requests until the reregistration review 
is complete, EPA has decided to accept the requests for voluntary 
cancellation/use termination for the other uses and defer any action 
with respect to requests to terminate agricultural fence post and 
permanent wood foundation uses until the Agency has evaluated those 
uses through the reregistration process. If at any time during the 
reregistration review the Agency determines it has sufficient 
information to take an action, that is, to either accept or refuse the 
requests for use termination of those uses, the Agency will take 
appropriate action. EPA believes this temporary deferral of action is 
consistent with the principle to phase out CCA for residential uses.

B. Concerns With the Possible Adverse Economic Impact on the Chromium 
Industry and Corpus Christi, Texas

     Comments. Approximately 430 comments were received regarding the 
potential adverse economic effect from the proposed cancellation or 
termination of CCA products or treated wood uses on the chromic acid 
manufacturing plant in Corpus Christi, Texas. The residents of Corpus 
Christi have within their city limits a plant owned by Elementis 
Chromium L.P. (Elementis), the only major manufacturer of chromic acid 
in the United States. This chromic acid plant employs more than 100 
residents of the Corpus Christi area and by its supply purchases and 
salaries, inputs about $40 million per year into the economy of Corpus 
Christi. Elementis believes the projected 70% decrease in total sales 
of CCA-treated products 2 years after the amendment is accepted will 
have adverse economic consequences on the status of the plant 
operations and the city of Corpus Christi.
    Also, the chromium industry and wood treatment industry requested 
EPA limit its action regarding the phase-out to only CCA-treated 
playground structures and decks at this time, pending the outcome of 
the risk assessment being currently conducted by the Agency. It was 
requested that certain uses of CCA-treated wood, which were proposed 
for termination be allowed to continue. Specifically, the commenters 
requested that CCA-treated wood continue to be permitted for the 
following uses under the AWPA Commodity Standards C2 (Lumber, Timber, 
Bridge Ties, Mine Ties for above-ground, soil and freshwater use), C5 
(Fence Posts), C15 (Wood for Commercial-Residential Construction-
Preservative Treatment by Pressure Processes), C16 (Agricultural Fence 
Posts and certain Wood used on Farms), and C22 (Permanent Wood 
Foundation Material).
    Agency's response. By way of background, under FIFRA, a 
registration or ``license'' is issued to an applicant for a pesticide 
product once all necessary data requirements in support of the 
registration have been satisfied and the application has been found to 
be acceptable. In order to obtain a registration for a pesticide under 
FIFRA, an applicant for registration must demonstrate that the 
pesticide satisfies the statutory standard for registration. The 
standard requires, among other things, that the pesticide perform its 
intended function without causing unreasonable adverse effects on the 
environment. The term ``unreasonable adverse effects on the 
environment'' is defined, among other things, as ``any unreasonable 
risk to man or the environment, taking into account the economic, 
social, and environmental costs and benefits of the use of any 
pesticide.''
    Under the statute, a registrant may at any time voluntarily request 
cancellation of a particular pesticide registration or termination of 
certain uses for the registration. Upon receipt of such requests, the 
Agency acts upon the requests pursuant to section 6(f) of FIFRA by 
notifying the public and soliciting comments from the public on the 
requests received. The Agency reviews the comments and may, based upon 
the comments received and/or any information or knowledge it may have 
concerning the pesticide and its uses in the environment, accept or 
deny the request either in whole or part.
    With regard to the comments received from the chromium industry and 
on behalf of residents of Corpus Christi, Texas, as stated earlier, at 
this time, the Agency is not acting upon certain use terminations 
proposed by the registrants. Specifically, the Agency is deferring 
action on two use terminations addressed in the comments, agricultural 
fence posts and permanent wood

[[Page 17370]]

foundations. The Agency will examine such uses as part of its 
reregistration assessment of CCA products. However, the remaining 
voluntary cancellation requests were finalized on March 17, 2003, and 
the use terminations are effective as of May 16, 2003.

C. Concerns Raised by Environmental Groups

    Comments. In their comments, the environmental groups (Clean Water 
Action, Healthy Building Network, and others) expressed concerns with 
the estimated 75 billion board feet (estimated by the American Wood 
Preservers Institute) of CCA-treated wood currently in use in 
residential settings. This proposed voluntary cancellation request 
affects future residential uses of CCA products but does not address 
existing CCA-treated wood decks and play structures. The environmental 
groups urged EPA to complete the CCA risk assessments to determine the 
dangers posed by CCA-treated wood currently in use. Concerns were also 
expressed over the safety of building contractors who come into contact 
with CCA-treated wood used during building construction and with 
utility workers working with utility poles. As a result, there were 
requests to extend use restrictions to include all uses, residential 
and industrial.
    The environmental groups also believe that the time frame for the 
phase-out of CCA-treated wood from residential uses is too lengthy, and 
that the phase-out is not comprehensive enough. They appeared to assume 
that CCA-treated plywood would continue to be sold in retail stores 
indefinitely. The commenters also expressed concerns that the Agency 
doesn't address proper disposal of CCA-treated wood, and treated wood 
could be burned or dumped in landfills where it can contaminate soil 
and groundwater. They suggested that the registration be amended to 
include proper handling, use and disposal of CCA-treated wood.
    Agency's response. The Agency acknowledges the concerns expressed 
by environmental groups regarding the potential risks of CCA to human 
health and the environment, and the need to proceed as quickly as 
possible given the potential risks. The Agency intends to address the 
commenters' concerns in two ongoing Agency processes in which the risk 
of the non-cancelled or terminated uses of CCA are currently being 
assessed. The Agency is currently conducting two risk assessments, one 
that focuses on children's exposure to CCA from play structures and 
decks constructed of CCA treated wood (uses of which are terminated 
pursuant to the cancellation order), and one that focuses on the 
remaining industrial and marine uses. The result of the children's 
exposure assessment will serve as the basis for determining if further 
action is needed concerning existing play structures and decks.
    The Agency is also currently examining the use of CCA-treated wood 
in light of the latest science and safety standards, under EPA's 
reregistration process. Upon the completion of the overall risk 
assessment, which will address the remaining uses of CCA and any 
occupational hazards that may exist from exposure to CCA, and the 
benefits assessment, the Agency will announce its proposed approach and 
the public will be afforded an opportunity to provide comments. The 
Agency will then consider any comments received and make a final 
determination as to the reregistration eligibility of the remaining 
uses of CCA.
    With respect to the disposal of CCA-treated wood, CCA-treated wood 
is classified as non-hazardous waste under the Federal Resource 
Conservation and Recovery Act (RCRA). Disposal of CCA-treated wood is 
addressed via the Consumer Awareness Program (CAP). The CAP is a 
voluntary program established in 1986 (and later updated in 2001) by 
the registrants of CCA products, to protect consumers by providing them 
with information on the proper handling, use and disposal of CCA-
treated wood. Under this program, instructions on the proper handling, 
use and disposal of CCA-treated wood are disseminated to consumers upon 
purchasing CCA-treated wood products via the Consumer Safety 
Information Sheets (CSIS) and/or end tag labeling applied to the wood 
product itself. EPA also disseminates guidance to consumers to advise 
against burning CCA-treated wood. Additional information regarding the 
CAP, handling, use and disposal of CCA-treated wood can be obtained 
from the Agency's Web site at: http://www.epa.gov/pesticides/citizens/1file.htm.

D. Other Significant Pertinent comments

    1. Clarification regarding AWPA Standard C5--comment. An inquiry 
was made as to the potential decision to allow wood to be treated with 
CCA for agricultural purposes (fence posts) under AWPA Standard C16 yet 
questioning why it would be a prohibited use under the AWPA Standard 
C5.
    Agency response. As discussed earlier, the Agency is not taking any 
action on the requests to delete the agricultural fence post use of 
wood treated with CCA. Fence posts treated according to AWPA Standard 
C16 are for agricultural purposes only. This particular type of fence 
post is used by many farmers and ranchers for barbed and other wire 
fencing. The distribution channels, aesthetics, size, round shape, and 
random diameter of that type of fence post effectively limit its use 
for specific agricultural purposes, and make it inappropriate for 
residential applications. The Agency has determined, based on available 
information and field investigations, that agricultural fence posts are 
not sold into the residential market. Fence posts treated according to 
AWPA Standard C5, however, are for residential purposes. Prior to the 
voluntary cancellation/use terminations, the labels permitted wood 
treated for fence posts according to AWPA standard C5 to be used for 
residential fencing, and it could also possibly be used for other 
residential applications as well.
    2. CCA-treated wood export restrictions-- i. Comment. Comments 
sought clarification on whether wood treated with CCA can be exported 
to other countries for use in residential settings.
    Agency response. As stated in this notice, under the Cancellation 
Order, effective December 31, 2003, wood treatment facilities are only 
allowed to treat wood products with CCA that are intended to be used 
only for those remaining uses approved on the CCA product label. Wood 
intended for use in prohibited residential settings may not be treated 
with CCA after December 30, 2003, unless the product being used is a 
pre-existing product and such use is permitted by that product label. 
(See Unit V: ``Provisions for Disposition of Existing Stocks'') Because 
of the method of product manufacture and distribution used in the wood 
preservation industry, the Agency does not expect any more than de 
minimus stocks to exist as of December 31, 2003, that do not bear the 
more restrictive label language. Hence, beginning December 31, 2003, 
unless the label on the affected product provides otherwise, it would 
be illegal to treat wood with CCA for any prohibited residential use, 
regardless of whether the treated wood is to be used in the United 
States or exported for use in other countries.
    3. Request received from American Wood-Preservers Institute 
(AWPI)--comment. The American Wood-Preservers Institute, which provided 
comments on behalf of the companies that treat wood, requested that the 
proposed cancellation date of December 31, 2003, be extended an 
additional 3-6 months to allow further time for

[[Page 17371]]

treating plants' transition/conversion to alternative chemicals.
    Agency response. The Agency recognizes that the transition to 
alternative chemicals may pose significant challenges to some 
stakeholders including wood treaters. However, in their request for 
voluntary cancellation/use termination, the registrants stated that a 
22-month phase-in period was practicable based on the amount of time 
they believed is required to convert and retrofit the treating plants. 
The commenters did not present any substantial information that would 
render the requested time period inappropriate, and therefore EPA is 
not extending the requested time period.

IV. Summary of Agency's Decision Regarding the Voluntary Cancellation/
Use Termination Requests

    The Agency has accepted portions of the proposed voluntary 
cancellation/use termination requests and is deferring action on other 
portions. As stated earlier, in light of the issues raised by 
commenters with regard to the agricultural fence post and permanent 
wood foundation uses, the Agency has decided to defer its decision and 
action on the registrants' request to terminate these uses until the 
Agency has evaluated these uses through the reregistration process. If 
at any time during the reregistration review the Agency determines it 
has sufficient information to take any action, that is, to either 
accept or refuse the requests for termination of those uses, the Agency 
will take appropriate action at that time. EPA's decision on the other 
portions of the requests for voluntary cancellation/use termination is 
as follows:
    1. The following product registrations were cancelled as of March 
17, 2003:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
62190-5                                  WolmanacR Concentrate 70%
------------------------------------------------------------------------
62190-11                                 CCA Type C 50% Chromated Copper
                                          Arsenate
------------------------------------------------------------------------

    2. The following manufacturing product registrations were amended 
to delete certain terminated uses as of May 16, 2003:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
3008-66                                  Arsenic Acid 75%
------------------------------------------------------------------------
10465-32                                 CSI Arsenic Acid 75%
------------------------------------------------------------------------
62190-7                                  Arsenic Acid 75%
------------------------------------------------------------------------

    For the above identified manufacturing-use products, the accepted 
amended labeling reads as follows:
    Effective December 31, 2003, this product may only be used (1) 
for formulation of the following end-use wood preservative products: 
ammoniacal copper zinc arsenate (ACZA) or chromated copper arsenate 
(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), Round, Half Round and Quarter Round Fence Posts 
(C16), Poles, Piles and Posts Used as Structural Members on Farms, 
and Plywood Used on Farms (C16), Wood for Marine Construction (C18), 
Lumber and Plywood for Permanent Wood Foundations (C22), 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.
    3. The following end use product registrations were amended to 
delete certain terminated uses as of May 16, 2003:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
3008-17                                  K-33-C (72%) Wood Preservative
------------------------------------------------------------------------
3008-21                                  Special K-33 Preservative
------------------------------------------------------------------------
3008-34                                  K-33 (60%) Wood Preservative
------------------------------------------------------------------------
3008-35                                  K-33 (40%) Type-B Wood
                                          Preservative
------------------------------------------------------------------------
3008-36                                  K-33-C (50%) Wood Preservative
------------------------------------------------------------------------
3008-42                                  K-33-A (50%) Wood Preservative
------------------------------------------------------------------------
3008-72                                  Osmose Arsenic Acid 75%
------------------------------------------------------------------------
10465-26                                 CCA Type-C Wood Preservative
                                          50%
------------------------------------------------------------------------
10465-28                                 CCA Type-C Wood Preservative
                                          60%
------------------------------------------------------------------------
10465-32                                 CSI Arsenic Acid 75%
------------------------------------------------------------------------
35896-2                                  Wood-Last Conc. Wood
                                          Preservation AQ 50% Solution
                                          CCA-Type A
------------------------------------------------------------------------
62190-2                                  Wolmanac Concentrate 50%
------------------------------------------------------------------------

[[Page 17372]]

 
62190-8                                  Wolmanac Concentrate 72%
------------------------------------------------------------------------
62190-14                                 Wolmanac Concentrate 60%
------------------------------------------------------------------------

    For the above identified end-use products, the accepted amended 
label is to 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), Round, Half Round and Quarter Round Fence Posts 
(C16), Poles, Piles and Posts Used as Structural Members on Farms, 
and Plywood Used on Farms (C16), Wood for Marine Construction (C18), 
Lumber and Plywood for Permanent Wood Foundations (C22), 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.
    4. Further amendments to the product label will be made by the 
registrants of the above identified amended registrations via 
notification to the Agency on or before December 1, 2003, to: (1) 
Delete the use directions in effect prior to these amendments, and (2) 
delete the preface phrase ``Effective December 31, 2003,'' from the 
amended labels such that the statement begins by reading, ``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...'' These specific 
changes may be done via notification.
    5. The registrants of the above identified products will notify 
their customers of the amended registrations/labels by certified mail. 
This is to ensure that those who are affected by the cancellation order 
are aware of the labeling changes.
    6. The cancellation order included existing stocks provisions as 
described in Unit V below.
    7. The text in 40 CFR 152.132 provides that a distributor (or 
supplemental registrant) is considered an agent of the registrant for 
intents and purposes under the act, and both the registrant and the 
distributor may be held liable for violations pertaining to the 
distributor product.

V. Provisions for Disposition of Existing Stocks

    For purposes of this Order, the term ``existing stocks'' is 
defined, pursuant to EPA's existing stocks policy (56 FR 29362, June 
26, 1991), as those stocks of a registered pesticide product which are 
currently in the United States and which have been packaged, labeled, 
and released for shipment prior to the effective date of the 
cancellation or amendment. Any distribution, sale or use of existing 
stocks in a manner inconsistent with the terms of the cancellation 
order or the existing stocks provisions contained in the order will be 
considered a violation of section 12(a)(2)(K) and/or section 
12(a)(1)(A) of FIFRA. The following summarizes the effective dates of 
cancellation as well as the existing stocks provisions for each product 
subject to the cancellation order.
    1. Cancelled registrations (Table 2 in Unit II). The effective date 
of cancellation was March 17, 2003, the date upon which the 
cancellation order was signed. Registrants have 60 calendar days 
following the signing of the cancellation order (until May 16, 2003) in 
which to sell or distribute products listed in Table 2. Registrants 
were notified of the signing of the cancellation order and of the 
required changes to labels on the date the order was signed by 
telephone and facsimile transmission. Any sale, distribution, or use by 
the registrants of these affected products on or after that date is 
prohibited. Sale, distribution, or use by persons other than the 
registrants may continue until supplies are exhausted. Additionally, 
sale, distribution or use of the stocks by persons other than the 
registrant in the channels of trade may continue until depleted, 
provided any sale, distribution, or use is in accordance with the 
existing label of that product.
    2. Registrations amended to delete terminated uses (Table 3). The 
effective date of the cancellation effectuating the use terminations is 
May 16, 2003. The registrants' voluntary requests for termination of 
uses had 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. The Agency is granting this request by making the effective 
date of cancellation 60 calendar days following the signing of the 
cancellation order. Registrants were notified of the signing of the 
cancellation order and of the required changes to labels on the date 
the order was signed by telephone and facsimile transmission. This 60-
day period is intended to allow a sufficient period of time for an 
orderly transition to the amended labels without disrupting supply and 
availability of product. On or after May 16, 2003, any sale, 
distribution, or use of existing stocks by the registrants of the 
subject registrations is prohibited. Sale, distribution, or use by 
persons other than the registrants may continue until supplies are 
exhausted. Additionally, sale, distribution or use of the stocks in the 
channels of trade by persons other than the registrant may continue 
until depleted, provided any sale, distribution or use is in accordance 
with the existing label of that product.

List of Subjects

    Environmental protection, Chromated Copper Arsenate, Pesticides and 
pests.

    Dated: March 27, 2003.
Jack E. Housenger,
Acting Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 03-8372 Filed 4-8-03; 8:45 am]
BILLING CODE 6560-50-S