[Federal Register Volume 70, Number 31 (Wednesday, February 16, 2005)]
[Notices]
[Pages 7938-7941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2979]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0024; FRL-7698-4]


DCPA; Notice of Receipt of Request to Amend to Terminate Uses of 
Certain Pesticide Registrations

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 a request by the registrant to amend their 
registrations to terminate uses of certain products containing the 
pesticide DCPA (or dacthal). The requests would terminate DCPA use in 
or on alfalfa, arracacha, artichokes (Chinese and Jerusalem), beans, 
bean yam, beets, chestnuts (soil treatment and nursery stock), chufa, 
citron melon, cotton,crabapples (soil treatment and nursery stock), 
cucumber, edible canna, eggplant, garlic, ginger, kale, leren, peas, 
pepper, potatoes, residential uses (turf and ornamentals), squash 
(including pumpkin), sweet potatoes, tanier, turnips, walnuts (non-
bearing and nursery stock), and yam. These requests would not terminate 
the last DCPA products registered for use in the U.S. EPA intends to 
grant these requests at the close of the comment period for this 
announcement unless the Agency receives substantive comments within the 
comment period that would merit its further review of the requests. 
Upon acceptance of these requests, any sale, distribution, or use of 
products listed in this notice will be permitted only if such sale, 
distribution, or use is consistent with the terms as described in the 
final order.

DATES: Comments, identified by docket ID number OPP-2005-0024, must be 
received on or before March 18, 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: Jill Bloom, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8019; fax 
number: (703) 308-8041; 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, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may 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 Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket ID number OPP-2005-0024. The official public docket 
consists of the documents specifically referenced

[[Page 7939]]

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. 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. Once in the system, select ``Quick 
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.

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-2005-0024. 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-2005-0024. 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-2005-0024.
    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-2005-0024. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

[[Page 7940]]

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. Background on the Receipt of Requests to Amend Registrations to 
Delete Uses

    This notice announces receipt by EPA of a request from Amvac to 
amend a number of its product registrations in which DCPA is an active 
ingredient to terminate certain uses. DCPA is an herbicide used to 
control weeds on a large number of sites, including cole crops, onions, 
cotton, alfalfa, tomatoes, and turf. Amvac requested termination of a 
number of uses in response to concerns about the contamination of 
ground water with DCPA and especially its metabolite 
tetrachloroterephthalic acid (TPA or di acid) which came to light when 
the tolerances for DCPA were being reassessed. Although the Agency was 
unable to identify a specific health risk associated with TPA, its 
prevalence and widespread detection in ground water were the basis of 
discussions with Amvac on the use deletions. The Agency identified a 
number of uses which can potentially contribute to ground water 
contamination, and Amvac responded with a proposal to delete these same 
uses. In a letter dated December 15, 2004, Amvac requested that EPA 
amend its DCPA product registrations to terminate the uses identified 
in the following list.
    Alfalfa
    Arracacha
    Artichokes (Chinese and Jerusalem)
    Beans
    Bean yam
    Beets
    Chestnuts (soil treatment and nursery stock)
    Chufa
    Citron melon
    Cotton
    Crabapples (soil treatment and nursery stock)
    Cucumber
    Edible canna
    Eggplant
    Garlic
    Ginger
    Kale
    Leren
    Peas
    Pepper
    Potato
    Residential turf and ornamentals
    Squash (including pumpkin)
    Sweet potatoes
    Tanier
    Turnip
    Walnuts (non-bearing and nursery stock)
    Yam
    Amvac has requested that the use terminations become effective 
April 1, 2005, and that it be allowed to sell existing stocks with 
labels including the uses proposed for termination until April 1, 2007. 
Furthermore, Amvac made its request irrevocable on the condition that 
the Agency retain tolerances associated with the terminated uses when 
it is likely that there will be indirect or inadvertent residues. Amvac 
made the request for retaining tolerances based on the frequency with 
which residues are found in unregistered crops due to soil 
contamination. Amvac requested that such tolerances be established at 
40 CFR 180.185(d). The termination of the subject uses will not 
terminate the last DCPA product registration in the United States, or 
the last pesticide products registered in the United States for these 
uses.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from a registrant 
to amend registrations to terminate specific uses of DCPA. The affected 
products and the registrant making the request are detailed in Table 1 
of this unit.

Table 1.--DCPA Product Registrations with Pending Requests for Amendment
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                                                          Company and
        Registration No.             Product Name           Address
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5481-485                          90% Dimethyl-T      Amvac Chemical
                                                       Corporation,4695
                                                       MacArthur Court,
                                                       Suite
                                                       1250,Newport
                                                       Beach, CA 92660
---------------------------------
5481-486                          Dacthal 1.92F       Do.
---------------------------------
5481-487                          Dacthal Flowable    Do.
                                   Herbicide
---------------------------------
5481-488                          Dacthal G-2.5       Do.
                                   Herbicide
---------------------------------
5481-489                          Dacthal G-5         Do.
                                   Herbicide
---------------------------------
5481-490                          Dacthal W-75        Do.
                                   Herbicide
---------------------------------
5481-491                          Dacthal W-75        Do.
---------------------------------
5481-495                          Technical           Do.
                                   Chlorthal
                                   Dimethyl
------------------------------------------------------------------------

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be canceled

[[Page 7941]]

or amended to terminate one or more pesticide uses. Section 6(f)(1)(B) 
of FIFRA requires that before acting on a request for voluntary 
cancellation, EPA must provide a 30-day public comment period on the 
request for voluntary cancellation or use termination. In addition, 
section 6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment 
period on a request for voluntary cancellation or termination of any 
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide 
would pose an unreasonable adverse effect on the environment.
    Amvac has requested that EPA waive the 180-day comment period. EPA 
will provide a 30-day comment period on the proposed request.
    Unless the Agency determines that there are substantive comments 
that warrant further review of this request, an order will be issued 
amending the affected registrations after the close of the comment 
period.

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 one or more 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, 
following the public comment period, the Administrator may approve such 
a request.

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 were packaged, 
labeled, and released for shipment prior to the effective date of the 
cancellation action.
    In any order issued in response to this request for amendment to 
terminate uses, the Agency proposes to include the following provisions 
for the treatment of any existing stocks of the products referenced in 
Table 1. Amvac will be permitted to sell or distribute existing stocks 
of its affected products through April 1, 2007.
    If the request for voluntary use termination is granted as 
discussed above, the Agency intends to issue a cancellation order that 
will allow persons other than the registrant to continue to sell and/or 
use existing stocks of products labeled for use on the deleted sites 
until such stocks are exhausted, provided that such use is consistent 
with the terms of the previously approved labeling on, or that 
accompanied, the canceled product. The order will specifically prohibit 
any use of existing stocks that is not consistent with such previously 
approved labeling. If, as the Agency currently intends, the final 
cancellation order contains the existing stocks provision just 
described, the order will be sent only to the affected registrants of 
the cancelled products. If the Agency determines that the final 
cancellation order should contain existing stocks provisions different 
than the ones just described, the Agency will publish the cancellation 
order in the Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 3, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 05-2979 Filed 2-15-05; 8:45 am]
BILLING CODE 6560-50-S