[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Notices]
[Pages 36151-36152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12359]


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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0402; FRL-7718-6]


Response to Requests to Cancel Certain Pentachlorophenol (PCP) 
Wood Preservative Products, and/or to Amend to Terminate Certain Uses 
of Other Pentachlorophenol Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Cancellations and Use Terminations.

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

SUMMARY: This notice announces that cancellation orders were signed on 
February 17, 2005, in response to the use terminations and 
cancellations voluntarily requested by the registrants of certain wood 
preservative products containing pentachlorophenol pursuant to section 
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), as amended. EPA issued final cancellation order letters to two 
registrants of pentachlorophenol products accepting their voluntary use 
termination requests/product cancellation requests to either amend 
current label language to delete spray uses for the products or to 
cancel the affected products. Both the use terminations and the product 
cancellations were effective February 17, 2005.
    This notice of cancellations and use terminations follows a January 
6, 2005 Federal Register 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.

DATES: The effective date of the voluntary product cancellations and/or 
use terminations for the affected pentachlorophenol products is 
February 17, 2005.

FOR FURTHER INFORMATION CONTACT: Heather A. Garvie, Antimicrobials 
Division (7510C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: 703-308-0034; fax number: (703) 308-8481; 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 identification (ID) number OPP-2004-0402. 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. 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

[[Page 36152]]

electronic public docket and comment system, EPA Dockets. You may use 
EPA Dockets at http://www.epa.gov/edocket/ to 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 that the Agency issued cancellation orders 
cancelling certain pentachlorophenol (PCP) wood preservative products, 
and terminating certain uses of other pentachlorophenol products, as 
requested by the registrants. The Agency received letters from Vulcan 
Chemicals, dated September 13, 2004, requesting that two of its 
registrations be amended to terminate spray uses. 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. asked for no provision for existing stocks. Vulcan 
Chemicals 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. Vulcan noted in its request 
that its customers use the affected products only for pressure-
treatment or thermal-treatment and not for spray use. Both registrants 
waived the 180-day comment period (i.e., any comment period in excess 
of 30 days). The following pentachlorophenol product registrations are 
affected by the cancellation orders:

 Table 1.--Cancellation of Registrations for Wood Preservative Products
------------------------------------------------------------------------
           EPA Registration No.                     Product Name
------------------------------------------------------------------------
61483-55                                    Penwar
-------------------------------------------
 61483-56                                   Pentacon 40
------------------------------------------------------------------------


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


   Table 3.--Registrants of Cancelled and/or Amended Pentachlorophenol
                                Products
------------------------------------------------------------------------
              EPA Company No.                 Company Name and Address
------------------------------------------------------------------------
 5382                                       Vulcan Chemicals
                                             PO Box 385015
                                             Birmingham, Alabama 35259-
                                             5015
-------------------------------------------
61483                                       KMG Chemicals, Inc.
                                            10611 Harwin Drive, Suite
                                             402
                                            Houston, Texas 77036-1534
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    During the public comment period provided, EPA received no comments 
in response to the January 6, 2005 Federal Register notice announcing 
the Agency's receipt of the request(s) for voluntary cancellations and/
or amendments to terminate certain uses of pentachlorophenol.

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. The cancellation orders issued on February 17, 
2005 include the following existing stocks provisions:
    KMG Chemicals, Inc. requested that the voluntary cancellations 
become effective as soon as possible with no provisions for existing 
stocks for the registrant. Consequently, the Agency is not allowing for 
any existing stock provisions for those products in the hands of the 
registrant on the effective date of cancellation. Any sale, 
distribution, or use by the registrant of these affected products, 
i.e., Pentacon 40 and Penwar, on or after the effective date of this 
cancellation order is prohibited.
    Vulcan Chemicals is permitted to sell and distribute existing 
stocks (those that bear the spray use on the label) for a period of 18 
months after the issuance of the cancellation order terminating spray 
uses ofVulcan GLAZD, Penta, Pentachlorophenol, and Vulcan Premium Four 
Pound (PCP-2) Concentrate, to allow sufficient time to implement 
amended labeling. Any sale, distribution, or use by the registrant of 
existing stocks after this period is prohibited. According to Vulcan 
Chemicals, its customers are not using the products for any treatment 
other than pressure treatment or thermal treatment.
    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.

List of Subjects

    Environmental Protection, Pentachlorophenol, Pesticides and Pests.

    Dated: June 13, 2005.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 05-12359 Filed 6-21-05; 8:45 am]
BILLING CODE 6560-50-S