[Federal Register Volume 70, Number 4 (Thursday, January 6, 2005)]
[Notices]
[Pages 1246-1248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-261]


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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0429; FRL-7695-6]


Notice of Receipt of Requests to Cancel Registrations of Certain 
Pentacholorophenol Wood Preservative Products, and/or Amend 
Registrations to Terminate Certain Uses of Pentachlorophenol Products

AGENCY: Environmental Protection Agency (EPA)

ACTION: Notice

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

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 Pentachlorophenol to cancel certain Pentacholorophenol wood 
preservative products, and/or amend registrations to terminate certain 
uses of Pentachlorophenol products. Two registrants, KMG Chemicals, 
Inc. and Vulcan Chemicals, are requesting these actions effective 
immediately. KMG Chemicals, Inc., is requesting that registrations for 
two of its products, Pentacon 40 and Penwar, be cancelled. Vulcan 
Chemicals is requesting amendments to registrations to terminate spray 
uses for two of its products (Vulcan GLAZD Penta and Vulcan Premium 
Four Pound [PCP-2] Concentrate). KMG Chemicals, Inc. has asked for no 
provision for existing stocks. Vulcan Chemicals has asked to be allowed 
to sell and distribute existing stocks for a period of 18 months after 
the issuance of the cancellation order terminating spray uses of its 
products. Both registrants waived the 180-day comment period (i.e., any 
comment period in excess of 30 days).

DATES: Comments, identified by docket ID number OPP-2004-0429, must be 
received on or before February 7, 2005.Unless a request is withdrawn by 
February 7, 2005, the Agency intends to issue cancellation orders 
granting these requests to cancel certain products, and/or to amend 
registrations to terminate certain uses. The Agency will consider 
withdrawal requests postmarked no later than February 7, 2005.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Heather Garvie, Office of Pesticide 
Programs (7510C), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-0034; 
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-2004-0429. 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 St., 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.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
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. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

[[Page 1247]]

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPP-2004-0429. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPP-2004-0429. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2004-0429.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID 
Number OPP-2004-0429. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is CBI). Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person listed under FOR FURTHER INFORMATION CONTACT.

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

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
ID number in the subject line on the first page of your response. It 
would also be helpful if you provided the name, date, and Federal 
Register citation related to your comments.

II. What Action is the Agency Taking?

    This notice announces receipt by the Agency of requests from 
registrants to voluntarily cancel registrations and/or amend 
registrations to terminate certain uses of pentachlorophenol wood 
preservative products (see Tables 1 and 2 below.). The Agency received 
letters from Vulcan Chemicals, dated September 13, 2004, requesting 
that registrations be amended to terminate spray uses for two of it's 
products. The Agency also received a letter from Roger C. Jackson, 
dated December 14, 2004, on behalf of KMG Chemicals Inc. requesting 
voluntary cancellation of two of its wood preservative products, 
Pentacon 40 and Penwar. KMG Chemicals, Inc. has asked for no provision 
for existing stocks. Vulcan Chemicals has asked to be allowed to sell 
and distribute existing stocks for a period of 18 months after the 
issuance of the cancellation order terminating spray uses of its 
products. Both registrants waived the 180-day comment period (i.e., any 
comment period in excess of 30 days).
    The following pentachlorophenol product registrations would be 
affected by the requests for cancellation:

[[Page 1248]]



      Table 1.--Request for Cancellation of Registrations for Wood
                          Preservative Products
------------------------------------------------------------------------
        Registration No.             Product name        Chemical name
------------------------------------------------------------------------
61483-56                          Pentacon 40         Pentachlorophenol
---------------------------------
61483-55                          Penwar              Pentachlorophenol
------------------------------------------------------------------------

    The following pentachlorophenol products would be affected by the 
requests to amend registrations to terminate spray uses:

        Table 2.--Request for Amendments to Terminate Spray Uses
------------------------------------------------------------------------
        Registration No.             Product name        Chemical name
------------------------------------------------------------------------
5382-36                           Vulcan Premium      Pentachlorophenol
                                   Four Pound (PCP-
                                   2) Concentrate
---------------------------------
5382-16                           Vulcan GLAZD Penta  Pentachlorophenol
------------------------------------------------------------------------

    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, the Agency intends to issue cancellation 
orders for the products, and for the amendments to registrations to 
terminate uses. Users of these pesticides or anyone else desiring the 
retention of a 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 in Tables 1 and 2, in sequence by EPA 
company number:

Table 3.--Registrants Requesting Amendment of Registrations to Terminate
 Certain Uses or Cancellation of Registrations of Pentachlorophenol Wood
                          Preservative Products
------------------------------------------------------------------------
   EPA
 Company                     Company name and address
   No.
------------------------------------------------------------------------
   61483  KMG Chemicals, Inc., 10611 Harwin Drive,Suite 402, Houston,
           Texas 77036-1534
---------
    5382  Vulcan Chemicals, PO Box 385015, Birmingham, Alabama 35259-
           5015
------------------------------------------------------------------------

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, and provide a 30-day public 
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 of a product registration or amendment of a registration 
to terminate uses must submit such withdrawal in writing to the person 
listed under FOR FURTHER INFORMATION CONTACT, postmarked before 
February 7, 2005. This written withdrawal of the request for 
cancellation of a product registration 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 maintenance fees due, and to fulfill 
any applicable unsatisfied data requirements.

V. Provisions for Disposition of Existing Stocks

    The two registrants are KMG Chemicals, Inc., and Vulcan Chemicals. 
KMG Chemicals, Inc. has asked for no provision for existing stocks. 
Therefore, the Agency is not proposing allowing any sale, distribution 
or use of existing stocks in the hands of the registrant on the 
effective date of the use termination.
    Vulcan Chemicals has asked to be allowed to sell and distribute 
existing stocks (those that still bear the spray use on the label) for 
a period of 18 months after the issuance of the cancellation order 
terminating spray uses of their products, and to allow sufficient time 
to implement amended labeling. However, Vulcan Chemicals does not 
knowingly sell nor intend to sell at any time in the future, either of 
their products for spray uses. According to Vulcan Chemicals, their 
customers are not using the products for any treatment other than 
pressure-treatment or thermal-treatment.
    Existing stocks of any affected product 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 proposed 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.

List of Subjects

    Environmental Protection, Pesticides and Pests.

    Dated: December 29, 2004.
Jack E. Housenger,
Acting Director, Antimicrobials Division, Office of Pesticide Programs.

[FR Doc. 05-261 Filed 1-5-05; 8:45 am]
BILLING CODE 6560-50-S