[Federal Register Volume 69, Number 178 (Wednesday, September 15, 2004)]
[Notices]
[Pages 55623-55625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20798]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0250; FRL-7681-2]


Response to Requests to Cancel Certain Creosote Wood Preservative 
Products, and/or to Amend to Terminate Certain Uses of Other Creosote 
Products

AGENCY: Environmental Protection Agency (EPA)

ACTION: Notice of Cancellations

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SUMMARY: This notice announces that cancellation orders were signed on 
August 11, 2004, in response to the use terminations and cancellations 
voluntarily requested by the registrants of certain wood preservative 
products containing creosote pursuant to section 6(f)(1) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. EPA 
issued final cancellation order letters to the five registrants of 
creosote products accepting their voluntary use termination requests/
product cancellation requests to either amend current label language to 
delete non-pressure treatment uses of creosote or to cancel the 
affected products. Both the use terminations and the product 
cancellations are effective December 31, 2004. In addition to stating 
the Agency's response to the requests, this notice also addresses the 
comments received in response to the Agency's requests for public 
comments on the above stated requests.

DATES: The effective date of the voluntary product cancellations and/or 
use terminations for the affected creosote products is December 31, 
2004.

FOR FURTHER INFORMATION CONTACT: Jacqueline McFarlane, Antimicrobials 
Division (7510C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-6416; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: The registrants who are members of the 
Creosote Council III requested cancellation of 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 include all uses that are not applied to treated wood 
inside of the pressure treatment cylinder, such as thermal treatment, 
dipping, brush-on, etc. The Agency agreed to allow registrants to 
voluntarily cancel all non-pressure treatment uses of creosote. These 
registrants requested that these voluntary product cancellations and/or 
use terminations become effective December 31, 2004. All registrants 
waived the 180-day comment period (i.e., any comment period in excess 
of 30 days). The Agency issued a notice of receipt of the 
aforementioned requests along with a solicitation for public comments 
(September 29, 2003), followed by another notice on November 26, 2003, 
to extend the comment period until December 26, 2003.
    This announcement consists of five parts. The first part contains 
general information. The second part addresses public comments received 
during both comment periods. The third part describes action taken by 
the Agency. The fourth part describes the Agency's legal authority for 
the action announced in this notice. The fifth part addresses existing 
stocks provisions.

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-2004-0250. 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 22202. 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. Summary of Action, 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

[[Page 55624]]

(September 29, 2003), followed by another notice on November 26, 2003, 
to extend the comment period until December 26, 2003. Nine comments 
were submitted by members of the wood preservative industry, attorneys 
for various stakeholders, potential registrants, associations, and city 
officials. No comments, however, were received relating to creosote. 
Because these notices included creosote and Acid Copper Chromate (ACC), 
seven of the comments received were related to ACC. Because ACC is not 
included in this cancellation order, those comments will be addressed 
in a later Federal Register notice. Two comments from the same 
association (Florida Fruit & Vegetable Association) addressed the 
importance of Chromated Copper Arsenate (CCA) as a product used to 
treat the stakes for fruiting vegetable crops, particularly tomatoes 
(comments seemingly misplaced in response to this notice, which did not 
include CCA; additionally, it should be noted that the treating of 
these stakes is disallowed under current CCA supplemental guidance). 
Therefore, there were no comments received which had to be factored 
into this decision.

III. What Action is the Agency Taking?

    This notice announces the final issuance of cancellation orders for 
creosote registrations/terminations of non-pressure treatment uses. The 
Agency hereby cancels the registrations of three pesticide 
registrations and amends to terminate certain uses of seven other 
pesticide registrations listed below, effective December 31, 2004 
(Tables 1 and 2).

             Table 1.--Requests for Cancellation of Products
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        Registration No.             Product name        Chemical name
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061468-00005                      Coal Tar Creosote   Creosote
---------------------------------
073408-00001                      Creosote            Creosote
---------------------------------
073408-00002                      Creosote Solution   Creosote
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  Table 2.--Request for Amendments to Terminate Non-Pressure Treatment
                                  Uses
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        Registration No.             Product name        Chemical name
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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
------------------------------------------------------------------------

    Amendments to the product labels should be made via notification to 
the Agency in accordance with section 3(c)(9) of FIFRA on or before 
December 31, 2004, to delete the use directions for the uses subject to 
this cancellation order. Labels incorporating these amendments must be 
forwarded along with this notification.
    Table 3 includes the names and addresses of record for all 
registrants of the products in Tables 1 and 2, in sequence by EPA 
company number:

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

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 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.

V. Provisions for Disposition of Existing Stocks

    The registrants of affected creosote products have requested that 
the voluntary product cancellation and/or use terminations become 
effective December 31, 2004, with no provisions for existing stocks for 
the registrants. Consequently, the Agency is not allowing for any 
existing stocks provisions for those products in the hands of the 
registrant on the effective date of the cancellation/use termination. 
Any sale, distribution, or use by the registrant of these affected 
products on or after the effective date of this order is prohibited.
    Existing stocks already in the hands of persons other than the 
registrant can be distributed, sold, or used legally until they are 
exhausted, provided that such further sale and use comply with the EPA-
approved label of the affected product.
    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.

[[Page 55625]]

List of Subjects

    Environmental Protection, Creosote, Pesticides and pests.

    Dated: September 8, 2004.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 04-20798 Filed 9-14-04; 8:45 am]
BILLING CODE 6560-50-S