[Federal Register Volume 69, Number 173 (Wednesday, September 8, 2004)]
[Notices]
[Pages 54278-54280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20336]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0266; FRL-7674-7]


Notice of Receipt of Requests to Cancel A Chromated Copper 
Arsenate (CCA) Use and to Amend Current Label Language

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 from registrants of pesticide products 
containing Chromated Copper Arsenate (CCA) to amend affected 
registrations to terminate the use ``members out of water and not 
subject to salt water [or brackish water] splash, and not in soil 
use,'' as currently stated under American Wood Preservers' Association 
(AWPA) Standard C18 (Wood for Marine Construction)(For further 
information, please refer to the CCA guidance document at http://www.epa.gov/pesticides/factsheets/chemicals/cca_awpa_june.pdf). The 
requests for use termination proposed replacement label language 
reflecting the use terminations.
    These registrants are requesting that these voluntary use 
terminations and associated label revisions become effective December 
31, 2004. Each registrant waived the 180-day comment period (i.e., any 
comment period in excess of 30 days).

DATES: Unless a request is withdrawn by October 8, 2004, the Agency 
intends to issue cancellation orders granting these requests to amend 
to terminate certain uses. The Agency will consider withdrawal requests 
postmarked no later than October 8, 2004.

FOR FURTHER INFORMATION CONTACT: Rebecca Miller, Antimicrobials 
Division (7510C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-0012; 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, sell, 
distribute 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-2004-0266. 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, 
1801 S. Bell Street, Arlington, VA. This docket facility is open from 
8:30 a.m. to 4:00 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 of pesticide products containing Chromated Copper Arsenate 
(CCA) to amend affected registrations to terminate the use ``members 
out of water and not subject to salt water [or brackish water] splash, 
and not in soil use,'' as currently stated under American Wood 
Preservers' Association (AWPA) Standard C18 (Wood for Marine 
Construction). The registrants requesting use termination have included 
proposed replacement label language reflecting the use terminations. 
The registrants made the requests by letters dated June 4, 2004 
(Osmose, Inc.), June 10, 2004 (Arch Wood Protection, Inc.), and June 
28, 2004 (CSI, Inc.). In the letters, each of the registrants waived 
the 180-day comment period (i.e., any comment period in excess of 30 
days). The label language proposed by the registrants is as follows:

A. Revised Language Experimental Use Permit (EUP)

    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 (AWPA) 
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); 
and in

[[Page 54279]]

accordance with the respective cited standard (noted 
parenthetically) of the 2002 edition of the American Wood-
Preservers' Association Standards: Lumber, Timbers and Plywood for 
Cooling Towers (C30). Forest products treated with this product may 
only be sold or distributed for uses within the AWPA Commodity 
Standards under which the treatment occurred.
    Effective December 31, 2004, 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 (AWPA) Standards: Lumber and Timber for Salt 
Water Use (also includes brackish water) 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 for Salt Water Use (also 
includes brackish water)(immersion and/or subject to saltwater (or 
brackish water) splash[``subject to saltwater (or brackish water) 
splash'' means any member of a marine structure which is positioned 
above mean high tide, but is subject to frequent wetting from wave 
action], [Pilings (sheet, round and square), Timbers, and Plywood; 
Walers, Framing, Stringers and Cross Bracing 
(2x8 and/or 3x6 and 
larger nominal dimensions and treated to a minimum of 0.60 pcf) 
(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); and in accordance with the respective 
cited standard (noted parenthetically) of the 2002 edition of the 
American Wood-Preservers' Association Standards: Lumber, Timbers and 
Plywood for cooling Towers (C30). Forest products treated with this 
product may only be sold or distributed for uses within the AWPA 
Commodity Standards under which the treatment occurred, except where 
otherwise provided above.

B. Revised Language Manufacturing Use Product (MUP)

    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.
    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 (AWPA) 
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); 
and in accordance with the respective cited standard(noted 
parenthetically) of the 2002 edition of the American Wood-
Preservers' Association Standards: Lumber, Timbers and Plywood for 
Cooling Towers (C30). Forest products treated with this product may 
only be sold or distributed for uses within the AWPA Commodity 
Standards under which the treatment occurred.
    Effective December 31, 2004, 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 (AWPA) Standards: Lumber and Timber for Salt 
Water Use (also includes brackish water) 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 for Salt Water Use (also 
includes brackish water)(immersion and/or subject to saltwater (or 
brackish water) splash[``subject to saltwater (or brackish water) 
splash'' means any member of a marine structure which is positioned 
above mean high tide, but is subject to frequent wetting from wave 
action], [Pilings (sheet, round and square), Timbers, and Plywood; 
Walers, Framing, Stringers and Cross Bracing 
(2x8 and/or 3x6 and 
larger nominal dimensions and treated to a minimum of 0.60 pcf) 
(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); and in accordance with the respective 
cited standard (noted parenthetically) of the 2002 edition of the 
American Wood-Preservers' Association Standards: Lumber, Timbers and 
Plywood for Cooling Towers (C30). Forest products treated with this 
product may only be sold or distributed for uses within the AWPA 
Commodity Standards under which the treatment occurred, except where 
otherwise provided above.
    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, the Agency intends to issue cancellation 
orders granting these requests and ordering the registration amendments 
and label revisions. Users of these pesticides or anyone else desiring 
the retention of the affected use or having any comment on the proposed 
label language should contact the applicable registrant directly during 
this 30-day period.
    Table 1 includes the names and addresses of record for all 
registrants, by EPA company number, requesting voluntary termination of 
certain uses of products listed in Table 2:

 Table 1.--Registrants Requesting Voluntary Termination of Certain Uses
                            Listed in Table 2
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              EPA Company No.                 Company name and address
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062190                                      Arch Wood Protection, Inc.,
                                            1955 Lake Park Drive, Suite
                                             250,
                                            Smyrna, GA 30080
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010465                                      Chemical Specialties, Inc.,
                                            One Woodlawn Green,
                                            Charlotte, NC 28217
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003008                                      Osmose Inc.,
                                            980 Ellicott Street
                                            Buffalo, NY 14209-2398
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    Table 2.--Registrations With Requests for Amendments to Terminate
                              Certain Uses
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            Registration Number                     Product Name
------------------------------------------------------------------------
                            End Use Products
------------------------------------------------------------------------
003008-17                                   K-33-C (72%) Wood
                                             Preservative
-------------------------------------------
003008-21                                   Special K-33 Preservative
-------------------------------------------
003008-34                                   K-33 (60%) Wood Preservative
-------------------------------------------
003008-35                                   K-33 (40%) Type-B Wood
                                             Preservative
-------------------------------------------
003008-36                                   K-33-C (50%) Wood
                                             Preservative
-------------------------------------------
003008-42                                   K-33-A (50%) Wood
                                             Preservative
-------------------------------------------
003008-72                                   Osmose Arsenic Acid 75%
-------------------------------------------
010465-26                                   CCA Type-C Wood Preservative
                                             50%
-------------------------------------------
010465-28                                   CCA Type-C Wood Preservative
                                             60%
-------------------------------------------

[[Page 54280]]

 
010465-32                                   CSI Arsenic Acid 75%
-------------------------------------------
035896-2                                    Wood-Last Conc. Wood
                                             Preservation AQ 50%
                                             Solution CCA-Type A
-------------------------------------------
062190-2                                    Wolmanac Concentrate 50%
-------------------------------------------
062190-8                                    Wolmanac Concentrate 72%
-------------------------------------------
062190-14                                   Wolmanac Concentrate 60%
-------------------------------------------
                       Manufacturing Use Products
------------------------------------------------------------------------
003008-66                                   Arsenic Acid 75%
-------------------------------------------
010465-32                                   CSI Arsenic Acid 75%
-------------------------------------------
062190-7                                    Arsenic Acid 75%
------------------------------------------------------------------------

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 use. FIFRA further provides that, 
before acting on the request, EPA must publish a notice of receipt of 
any such request in the Federal Register and provide a comment period. 
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 before October 8, 2004. 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 order or use termination 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 this general approach 
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.
    The registrants making these requests asked for no existing stocks 
provisions. Should these requests be granted, on or after December 31, 
2004, any sale, distribution, or use of existing stocks by the 
registrants of the subject registrations would be prohibited. This 
refers to CCA product labels that bear the proposed-to-be deleted C18 
Marine Use, ``members out of water and not subject to saltwater [or 
brackish water] splash and not in soil use.'' 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, Treated Wood, 
Pesticides and Pests.

    Dated: August 27, 2004.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 04-20336 Filed 9-7-04; 8:45 am]
BILLING CODE 6560-50-S