[Federal Register Volume 68, Number 188 (Monday, September 29, 2003)]
[Notices]
[Pages 55952-55954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24560]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0324; FRL-7329-3]


Notice of Receipt of Requests to Cancel Certain Creosote and Acid 
Copper Chromate Wood Preservative Products, and/or to Terminate Certain 
Uses of Other Creosote Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a 
notice of receipt of requests by registrants of pesticide products 
containing either creosote or acid copper chromate (ACC) to voluntarily 
cancel certain pesticide registrations and/or to amend to terminate 
certain uses of affected products. Specifically, the five registrants 
who are members of the Creosote Council III have requested to cancel 
the registrations for their creosote non-pressure treatment end-use 
products and/or to amend to terminate all non-pressure treatment uses 
of other creosote products. These registrants are requesting that these 
voluntary product cancellations and/or use terminations become 
effective December 31, 2004. Osmose, Inc., the sole registrant of ACC, 
is also requesting to immediately cancel the registration for its 
product with no provision for existing stocks. Neither the registrants 
of the affected creosote products nor that of the affected ACC product 
have requested any existing stocks provision. All registrants waived 
the 180-day comment period.

DATES: Unless a request is withdrawn by October 29, 2003, the Agency 
intends to issue orders granting these requests to

[[Page 55953]]

cancel certain products, and to amend to terminate certain uses. The 
Agency will consider withdrawal requests postmarked no later than 
October 29, 2003.

FOR FURTHER INFORMATION CONTACT: Bonaventure A. Akinlosotu, 
Antimicrobials Division (7510C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 605-0653; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. Although this 
action may be of particular interest to persons who produce or use 
pesticides, 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 information in this notice, consult the person listed 
under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2003-0324. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The docket telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.

II. What Action is the Agency Taking?

    This notice announces receipt by the Agency of requests from 
registrants to cancel the registrations of four pesticide products and 
to amend to terminate certain uses of seven other pesticide products 
(See Tables 1 and 2). In a June 30, 2003 letter, which was received by 
the Agency on July 14, 2003, Osmose, Inc. requested voluntary 
cancellation of its ACC product. Similarly, in letters dated September 
5, 2003, Coopers Creek Chemical Corporation, KMG-Bernuth, Inc., 
Koppers, Inc., Railworks Wood Products, and Rutgers Chemicals AG 
requested voluntary cancellation of certain creosote end-use products 
and/or amendments to terminate certain creosote end-uses of other 
creosote end-use products.

             Table 1.--Requests for Cancellation of Products
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        Registration No.             Product Name        Chemical Name
------------------------------------------------------------------------
003008-00060                      Osmose ACC 50%      Chromic acid,
                                   Wood Preservative   Cupric acid
------------------------------------------------------------------------
061468-00005                      Coal Tar Creosote   Creosote
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073408-00001                      Creosote            Creosote
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073408-00002                      Creosote Solution   Creosote
------------------------------------------------------------------------

    The following creosote/coal tar creosote product uses would be 
affected by the requests for amendments to terminate non-pressure 
treatment uses of the products listed in Table 2 below: Home and farm 
use, ground line treatment of utility poles, end cuts, piling 
applications/repair, pole framing, and railroad tie uses/repair.

  Table 2.--Request for Amendments to Terminate Non-Pressure Treatment
                                  Uses
------------------------------------------------------------------------
        Registration No.             Product Name        Chemical Name
------------------------------------------------------------------------
000363-00014                      C-4 Brand Black     Creosote
                                   Creosote Coal Tar
                                   Solution
------------------------------------------------------------------------
000363-00015                      C-4 Brand           Creosote
                                   Coopersote
                                   Creosote Oil
------------------------------------------------------------------------
061468-00006                      Creosote            Creosote
------------------------------------------------------------------------
061470-00001                      KMG-B Coal Tar      Creosote
                                   Creosote
------------------------------------------------------------------------
061483-0007                       Creosote Oil-24CB   Coal tar creosote
------------------------------------------------------------------------
061483-0008                       Creosote/Coal Tar   Coal tar creosote
                                   Solution
------------------------------------------------------------------------
061483-0009                       Creosote Oil        Coal tar creosote
------------------------------------------------------------------------


[[Page 55954]]

    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, the Agency intends to issue orders 
canceling all of these registrations and granting the amendments 
affecting the use terminations. Users of these pesticides or anyone 
else desiring the retention of a registration or particular use should 
contact the applicable registrant directly before the lapse of this 30-
day period.
    Table 3 includes the names and addresses of record for all 
registrants of the products listed in Tables 1 and 2, in ascending 
sequence by EPA company number:

Table 3.--Registrants Requesting Voluntary Cancellation and/or Amendment
                            to Terminate Uses
------------------------------------------------------------------------
              EPA Company No.                 Company Name and Address
------------------------------------------------------------------------
000363                                      Coopers Creek Chemical
                                             Corp., 884 River Road, West
                                             Conshohocken, PA 19428-2699
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003008                                      Osmose Inc., 980 Ellicott
                                             Street, Buffalo, NY 14209-
                                             2398
------------------------------------------------------------------------
061468                                      Koppers Inc., 436 Seventh
                                             Avenue, Pittsburgh, PA
                                             15219-1800
------------------------------------------------------------------------
061470                                      Rutgers Chemicals, 10611
                                             Harwin Drive, Suite 402,
                                             Houston, TX 77036-1534
------------------------------------------------------------------------
061483                                      KMG-Bernuth, Inc., 10611
                                             Harwin Drive, Suite 402,
                                             Houston, TX 77036-1534
------------------------------------------------------------------------
073408                                      Railworks Wood Products,
                                             2525 Prairieton Road, Terre
                                             Haute, IN 47802
------------------------------------------------------------------------

III. 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 any of its pesticide registrations 
be canceled or amended to terminate uses. FIFRA further provides that, 
before acting on the request, EPA must publish a notice of receipt of 
any such request in the Federal Register. Thereafter, the Administrator 
may approve such a request.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for voluntary 
cancellation or amendment to terminate uses must submit such withdrawal 
in writing to the person listed under FOR FURTHER INFORMATION CONTACT, 
postmarked no later than October 29, 2003. This written withdrawal of 
the request for cancellation or amendment to terminate uses will apply 
only to the applicable FIFRA section 6(f)(1) request listed in this 
notice. If the product(s) have been subject to a previous cancellation 
or use termination action, the effective date of cancellation and all 
other provisions of any earlier cancellation or use termination order 
are controlling. The withdrawal request must also include a commitment 
to pay any reregistration fees due, and to fulfill any applicable 
unsatisfied data requirements.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
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 action. Unless the provisions of an earlier order apply, 
existing stocks already in the hands of dealers or users can be 
distributed, sold, or used legally until they are exhausted, provided 
that such further sale and use comply with the EPA-approved label and 
labeling of the affected product. Exception to these general rules will 
be made in specific cases when more stringent restrictions on sale, 
distribution, or use of the products or their ingredients have already 
been imposed, as in a Special Review action, or where the Agency has 
identified significant potential risk concerns associated with a 
particular chemical. This is in accordance with the Agency's statement 
of policy as set forth in the Federal Register of June 26, 1991 (56 FR 
29362) (FRL-3846-4).
    Creosote. The registrants of affected creosote products have 
requested that the voluntary product cancellations and/or use 
terminations become effective December 31, 2004, with no provision for 
existing stocks.
    ACC. The effective date of cancellation will be the date of the 
cancellation order. Osmose stated in its request that its affected 
product (EPA Reg. No. 3008-60) is no longer being manufactured or 
distributed by them and that, therefore, there is no need for a time 
period for the depletion of existing stocks.

List of Subjects

    Environmental protection, Creosote, Acid copper chromate, 
Pesticides and pests.


    Dated: September 23, 2003.
Frank Sanders
Director, Antimicrobials Division, Office of Pesticide Programs.

[FR Doc. 03-24560 Filed 9-26-03; 8:45 am]
BILLING CODE 6560-50-S