[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Notices]
[Pages 35807-35810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15209]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0639; FRL-8829-3]
2-(Hydroxymethyl)-2-nitro-1,3-propanediol (Tris Nitro); Notice of
Receipt of Request to Voluntarily Amend Registrations to Terminate
Certain Uses
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 a request by the registrant to voluntarily amend
its 2(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) product
registrations to terminate or delete one or more uses. The request
would delete 2(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) use
in or on metalworking fluids; latex paints; resin/latex/polymer
emulsions; specialty industrial products; livestock and poultry
premises; paints, emulsions and thickener solutions; use as a
preservative for packaged emulsions, solutions, or suspensions such as
detergents and polishes containing water; use in pulp and paper-mill
process water systems. The request would not terminate the last
2(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) products
registered for use in the United States. EPA intends to grant this
request 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 request, or unless the registrant
withdraws its request. If this request is granted, any sale,
distribution, or use of products listed in this notice will be
permitted after the uses are deleted only if such sale, distribution,
or use is consistent with the terms as described in the final order.
DATES: Comments must be received on or before July 23, 2010.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0639, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental
[[Page 35808]]
Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries are only accepted during the
Docket Facility's normal hours of operation (8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays). Special arrangements
should be made for deliveries of boxed information. The Docket Facility
telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0639. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. 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. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Rebecca Von-Dem Hagen, Antimicrobials
Division (7501P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-6785; 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. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, 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 claimed as CBI. In addition to one
complete version of the comment that includes 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.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background on the Receipt of Requests to Cancel and/or Amend
Registrations to Delete Uses
This notice announces receipt by EPA of a request from registrant
The Dow Chemical Company to delete certain uses of 2(hydroxymethyl)-2-
nitro-1,3-propanediol (tris nitro) product registrations. In letters
dated November 19, 2009, The Dow Chemical Company requested EPA to
amend to delete certain uses of pesticide product registrations
identified in Table 1 of Unit III. Specifically, in response to the 2-
(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) (Case 3149)
Preliminary Work Plan, dated September 16, 2009, the registrant
submitted amendments requesting the deletion of the following the 2-
(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) end-uses from
their product labels: use in metalworking fluids; latex paints; resin/
latex/polymer emulsions; specialty industrial products; livestock and
poultry premises; paints, emulsions and thickener solutions; as a
preservative for packaged emulsions, solutions or suspensions, such as
detergents and polishes containing water; and in pulp and paper-mill
process water systems. Action on the registrants request to delete
these uses will terminate the last 2-(hydroxymethyl)-2-nitro-1,3-
propanediol (tris nitro) pesticide products registered in the United
States for use in metalworking fluids; latex paints; resin/latex/
polymer emulsions; specialty industrial products; paints, emulsions and
thickener solutions; materials preservative for packaged emulsions,
solutions or suspensions, such as detergents and polishes containing
water; and in pulp and paper-mill process water systems. Action on the
registrant request will not
[[Page 35809]]
terminate the last 2-(hydroxymethyl)-2-nitro-1,3-propanediol (tris
nitro) pesticide product registered in the United States for livestock
and poultry premises.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from a registrant
to delete certain uses of 2-(hydroxymethyl)-2-nitro-1,3-propanediol
(tris nitro) product registrations. The affected products and the
registrants making the requests are identified in Tables 1 and 2 of
this unit.
Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order amending the
affected registrations.
Table 1. -- 2-(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) Product Registrations with Pending Requests
for Amendment
----------------------------------------------------------------------------------------------------------------
Registration Number Product Name Company Uses to be Deleted
----------------------------------------------------------------------------------------------------------------
464-657 Tris Nitro\TM\ Solid The Dow Chemical Use in metalworking
Industrial Company fluids; Latex paints;
Bacteriostat Resin/latex/polymer
emulsions; Specialty
industrial products;
Livestock and Poultry
Premises.
----------------------------------------------------------------------------------------------------------------
464-658 Tris Nitro\TM\ Brand of The Dow Chemical Use in metalworking
50% (Aqueous) For Company fluids; Latex paints;
Formulating Use Resin/latex/polymer
emulsions; Specialty
industrial products;
Livestock and poultry
premises.
----------------------------------------------------------------------------------------------------------------
464-663 Tris Nitro\TM\ Brand of The Dow Chemical Use in paints,
50% Aqueous Tris Company emulsions and
(hydroxymethyl) thickener solutions;
nitromethane Use in metalworking
fluids; Use as a
preservative for
packaged emulsions,
solutions, or
suspensions, such as
detergents and
polishes containing
water.
----------------------------------------------------------------------------------------------------------------
464-668 Tris Nitro\TM\ Brand of The Dow Chemical Use in metalworking
25% Aqueous Tris Company fluids; Use as a
(hydroxymethyl) preservative for
nitromethane packaged emulsions,
solutions, or
suspensions, such as
detergents and
polishes containing
water.
----------------------------------------------------------------------------------------------------------------
464-679 Tris Nitro\TM\ Brand The Dow Chemical Use in paints,
Company emulsions, and
thickener solutions;
Use in metalworking
fluids; Use as a
preservative for
packaged emulsions,
solutions, or
suspensions, such as
detergents and
polishes containing
water; Use in pulp and
papermill process
water systems.
----------------------------------------------------------------------------------------------------------------
Table 2 of this unit includes the name and address of record for
the registrant of the products listed in Table 1 of this unit, in
sequence by EPA company number. This number corresponds to the first
part of the EPA registration numbers of the products listed in Table 1
of this unit.
Table 2.--Registrants Requesting Voluntary Cancellation and/or
Amendments
------------------------------------------------------------------------
EPA Company Number Company Name and Address
------------------------------------------------------------------------
464....................................... The Dow Chemical Company
1803 Building Midland, MI
48674
------------------------------------------------------------------------
------------------------------------------------------------------------
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.
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, FIFRA section 6(f)(1)(C) 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 EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
The 2-(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro)
registrant has requested that EPA waive the 180-day comment period.
Accordingly, EPA will provide a 30-day comment period on the proposed
requests.
V. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for product
cancellation or use deletion should submit the withdrawal
[[Page 35810]]
in writing to the person listed under FOR FURTHER INFORMATION CONTACT.
If the products(s) have been subject to a previous cancellation action,
the effective date of cancellation and all other provisions of any
earlier cancellation action are controlling.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the request for amendments to delete use is granted, the
Agency intends to publish the cancellation order in the Federal
Register.
In any order issued in response to this request for an amendment
to delete uses, EPA proposes to include the following provisions for
the treatment of any existing stocks of the products listed in Table 1
of Unit III.
For voluntary product cancellations, registrants will be permitted
to sell and distribute existing stocks of voluntarily canceled products
for 1 year after the effective date of the cancellation, which will be
the date of publication of the cancellation order in the Federal
Register. Thereafter, registrants will be prohibited from selling or
distributing the products identified in Table 1 of Unit III., except
for export consistent with FIFRA section 17 or for proper disposal.
Once EPA has approved product labels reflecting the requested
amendments to delete uses, registrants will be permitted to sell or
distribute products under the previously approved labeling for a period
of 18 months after the date of Federal Register publication of the
cancellation order, unless other restrictions have been imposed.
Thereafter, registrants will be prohibited from selling or distributing
the products whose labels include the deleted uses identified in Table
1 of Unit III., except for export consistent with FIFRA section 17 or
for proper disposal.
Persons other than the registrant may sell, distribute, or use
existing stocks of products whose labels include the deleted uses until
supplies are exhausted, provided that such sale, distribution, or use
is consistent with the terms of the previously approved labeling on, or
that accompanied, the deleted uses.
List of Subjects
Environmental protection, Pesticides and pests, Antimicrobials.
Dated: June 7, 2010.
Joan Harrigan-Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 2010-15209 Filed 6-22-10; 8:45 am]
BILLING CODE 6560-50-S