[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Notices]
[Pages 7200-7203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2872]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0123; FRL-8862-5]


Methyl Bromide; Notice of Receipt of Requests To Voluntarily 
Amend Registrations To Terminate Certain Soil 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 requests by the registrants to voluntarily amend 
their methyl bromide product registrations to terminate or delete one 
or more soil uses. The requests would delete all methyl bromide soil 
uses that do not meet the definition of a ``critical use,'' a 
``quarantine application,'' or a ``pre-shipment application'' with the 
exception of the following uses: (1) Soils to be planted with 
caneberries (use allowed until December 31, 2014), fresh market 
tomatoes grown in California (use allowed until December 31, 2012), 
fresh market peppers grown in California (use allowed until December 
31, 2012), Vidalia onions grown in Georgia (use allowed until December 
31, 2012), ginger grown in Hawaii (use allowed until December 31, 
2012); (2) soils on golf courses and athletic/recreational fields for 
resurfacing/replanting of turf (use allowed until December 31, 2013), 
and (3) tobacco seedling trays (use allowed until December 31, 2014). 
These requests would not affect post-harvest fumigant products. In 
addition, the Agency received a request from Soil Chemicals Corporation 
dba Cardinal Professional Products to voluntarily amend methyl bromide 
product registration 8536-12 to terminate or delete all soil uses. This 
request does not cover the post harvest uses on the label. The requests 
would not terminate the last methyl bromide products registered for use 
in the United States. 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, or unless the registrants withdraw 
their requests. If these requests are 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 March 11, 2011.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0123, 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 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-
2005-0123. 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 Web site 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

[[Page 7201]]

p.m., Monday through Friday, excluding legal holidays. The Docket 
Facility telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Susan Bartow, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 603-0065; fax number: (703) 308-8090; 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 Amend Registrations To 
Delete Uses

    This notice announces receipt by EPA of requests from registrants 
(ICL-IP America, Inc., Great Lakes Chemical Corporation, Shadow 
Mountain Products Corporation, Hendrix and Dail, Inc., Soil Chemicals 
Corporation dba Cardinal Professional Products, and Trical, Inc.) to 
delete certain uses of methyl bromide product registrations. Methyl 
bromide is a broad-spectrum fumigant chemical that can be used as an 
acaricide, antimicrobial, fungicide, herbicide, insecticide, 
nematicide, and vertebrate control agent. It is used most prevalently 
as a soil fumigant, but is also used as a post harvest treatment of 
commodities. In letters dated August 24, 2010, August 25, 2010, and 
August 27, 2010, ICL-IP America, Inc., Great Lakes Chemical 
Corporation, Shadow Mountain Products Corporation, Hendrix and Dail, 
Inc., Soil Chemicals Corporation dba Cardinal Professional Products, 
and Trical, Inc. requested EPA to amend to delete certain uses of 
pesticide product registrations identified in Table 1A of Unit III. 
Specifically, the requests would delete all methyl bromide soil uses 
that do not meet the definition of a ``critical use,'' a ``quarantine 
application,'' or a ``pre-shipment application'' (CUE/QPS), as those 
terms are defined under EPA's regulations at (40 CFR part 82). Subpart 
A, with the exception of the following uses: (1) Soils to be planted 
with caneberries, fresh market tomatoes grown in California, fresh 
market peppers grown in California, Vidalia onions grown in Georgia, 
ginger grown in Hawaii; (2) soils on golf courses and athletic/
recreational fields for resurfacing/replanting of turf, and (3) tobacco 
seedling trays. These requests are in accordance with a signed 
agreement dated August 20, 2010 between the Environmental Protection 
Agency and the registrants of certain pesticide products containing 
methyl bromide. Also in accordance with the signed agreement the 
registrants request (1) deletion of the non-CUE/QPS uses of methyl 
bromide on soil used to grow fresh market tomatoes in California, fresh 
market peppers in California, Vidalia onion in Georgia, and ginger in 
Hawaii effective December 31, 2012; (2) deletion of the non-CUE/QPS 
uses of methyl bromide on soil for resurfacing/replanting turf or sod 
on golf courses and athletic/recreational fields effective December 31, 
2013; and (3) deletion of the non-CUE/QPS uses of methyl bromide on 
soil to be planted with caneberries and for application to tobacco 
seedling trays effective December 31, 2014. These requests would not 
affect post-harvest fumigant products. The requests would not terminate 
the last methyl bromide products registered for use in the United 
States.
    This notice also announces receipt by EPA of a request from Soil 
Chemicals Corporation dba Cardinal Professional Products to delete soil 
uses from methyl bromide product registration 8536-12. In a letter 
dated December 7, 2010, Soil Chemicals Corporation dba Cardinal 
Professional Products requested EPA to amend to delete certain uses of 
pesticide product registration 8536-12 identified in Table 1B of Unit 
III. Specifically, the request would delete all methyl bromide soil 
fumigation uses. This request does not cover the post harvest uses on 
the label. The request would not terminate the last methyl bromide 
products registered for use in the United States.

III. What action is the agency taking?

    This notice announces receipt by EPA of requests from registrants 
to delete certain uses of methyl bromide product registrations. The 
affected products and the registrants making the requests are 
identified in Tables 1A, 1B, 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.

[[Page 7202]]



Table 1A--Methyl Bromide Product Registrations With Pending Requests for
                                Amendment
------------------------------------------------------------------------
       Registration No.            Product Name           Company
------------------------------------------------------------------------
5785-19.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 70.                Corporation.
5785-22.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 98.                Corporation.
5785-23.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 45.                Corporation.
5785-24.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 67.                Corporation.
5785-25.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 33.                Corporation.
5785-28.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 57.                Corporation.
5785-40.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 75.                Corporation.
5785-42.......................  Brom-O-Gas[reg]    Great Lakes Chemical
                                 2%.                Corporation.
5785-47.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 80.                Corporation.
5785-48.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 50.                Corporation.
8536-05.......................  Pic-Brom 33......  Soil Chemicals
                                                    Corporation dba
                                                    Cardinal
                                                    Professional
                                                    Products.
8536-06.......................  Pic-Brom 55......  Soil Chemicals
                                                    Corporation dba
                                                    Cardinal
                                                    Professional
                                                    Products.
8536-07.......................  Pic-Brom 43......  Soil Chemicals
                                                    Corporation dba
                                                    Cardinal
                                                    Professional
                                                    Products.
8536-09.......................  Pic-Brom 50......  Soil Chemicals
                                                    Corporation dba
                                                    Cardinal
                                                    Professional
                                                    Products.
8536-11.......................  Pic-Brom 25......  Soil Chemicals
                                                    Corporation dba
                                                    Cardinal
                                                    Professional
                                                    Products.
8536-19.......................  Methyl Bromide     Soil Chemicals
                                 98%.               Corporation dba
                                                    Cardinal
                                                    Professional
                                                    Products.
8536-20.......................  Pic-Brom 67......  Soil Chemicals
                                                    Corporation dba
                                                    Cardinal
                                                    Professional
                                                    Products.
8622-12.......................  98-2 Soil          ICL-IP America,
                                 Fumigant.          Incorporated.
8622-13.......................  67-33 Preplant     ICL-IP America,
                                 Soil Fumigant.     Incorporated.
8622-14.......................  70-30 Preplant     ICL-IP America,
                                 Soil Fumigant.     Incorporated.
8622-15.......................  75-25 Preplant     ICL-IP America,
                                 Soil Fumigant.     Incorporated.
8622-17.......................  Metabrom 99......  ICL-IP America,
                                                    Incorporated.
8622-39.......................  50-50 Preplant     ICL-IP America,
                                 Soil Fumigant.     Incorporated.
8622-40.......................  57-43 Preplant     ICL-IP America,
                                 Soil Fumigant.     Incorporated.
8622-44.......................  80-20 Preplant     ICL-IP America,
                                 Soil Fumigant.     Incorporated.
8853-1........................  MBC Soil Fumigant  Hendrix and Dail,
                                                    Incorporated.
8853-2........................  MBC Concentrate    Hendrix and Dail,
                                 Soil Fumigant.     Incorporated.
8853-3........................  MBC-33 Soil        Hendrix and Dail,
                                 Fumigant.          Incorporated.
11220-04......................  Tri-Con 57/43....  Trical, Incorporated.
11220-07......................  Tri-Con 67/33....  Trical, Incorporated.
11220-08......................  Tri-Con 75/25....  Trical, Incorporated.
11220-10......................  Tri-Con 50/50....  Trical, Incorporated.
11220-11......................  Tri-Con 45/55....  Trical, Incorporated.
11220-17......................  Methyl Bromide     Trical, Incorporated.
                                 89.5%.
58266-1.......................  Tri-Con 80/20      Shadow Mountain
                                 Preplant Soil      Products
                                 Fumigant.          Corporation.
------------------------------------------------------------------------


                Table 1B--Methyl Bromide Product Registration With Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
          Registration No.                Product name                 Company              Uses to be deleted
----------------------------------------------------------------------------------------------------------------
8536-12............................  Methyl Bromide 99.5%..  Soil Chemicals Corporation   Soil fumigation uses.
                                                              dba Cardinal Professional
                                                              Products.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for 
the registrants of the products listed in Tables 1A and 1B 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 
Tables 1A and 1B of this unit.

          Table 2--Registrants Requesting Voluntary Amendments
------------------------------------------------------------------------
           EPA Company No.                  Company name and address
------------------------------------------------------------------------
5785.................................  Great Lakes Chemical Corporation,
                                        P.O. Box 2200, West Lafayette,
                                        IN 47996-2200.
8536.................................  Soil Chemicals Corporation dba
                                        Cardinal Professional Products,
                                        P.O. Box 782, Hollister, CA
                                        95024-0782.
8622.................................  ICL-IP America, Incorporated, 95
                                        MacCorkle Avenue, SW., South
                                        Charleston, WV 25303.
8853.................................  Hendrix and Dail, Incorporated,
                                        P.O. Box 648, Greenville, NC
                                        27835-0648.
11220................................  Trical, Incorporated, P.O. Box
                                        1327, Hollister, CA 95024-1327.
58266................................  Shadow Mountain Products
                                        Corporation, P.O. Box 1327,
                                        Hollister, CA 95024-1327.
------------------------------------------------------------------------

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

[[Page 7203]]

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 methyl bromide registrants have 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 Requests

    Registrants who choose to withdraw a request for product 
cancellation or use deletion should submit the withdrawal in writing to 
the person listed under FOR FURTHER INFORMATION CONTACT. If the 
products 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 requests for amendments to delete uses are granted, the 
Agency intends to publish the cancellation order, including the 
effective date and conditions for the disposition of existing stocks, 
in the Federal Register.

A. For All Products Listed in Table 1A in Unit III

    In any order issued in response to these requests for amendments to 
delete uses, EPA proposes to include the following provisions for the 
treatment of any existing stocks of the products listed in Table 1A of 
Unit III.
    1. All sale or distribution of existing stocks of methyl bromide 
products that include soil uses other than uses that meet the 
definition of a ``critical use,'' a ``quarantine application,'' or a 
``pre-shipment application;'' caneberries; fresh market tomatoes grown 
in California; fresh market peppers grown in California; Vidalia onions 
grown in Georgia; ginger grown in Hawaii; golf courses and athletic/
recreational fields for resurfacing/replanting of turf; and treatment 
of tobacco seedling trays is prohibited after publication of the 
cancellation order, unless that sale or distribution is solely for the 
purpose of facilitating disposal or export of the product.
    Existing stocks may be used until those stocks are exhausted, 
provided that such use complies with the EPA-approved label and 
labeling of the product.
    2. Existing stocks of methyl bromide products that include the non-
CUE/QPS use on fresh market tomatoes (CA), fresh market peppers (CA), 
Vidalia onions (GA), and ginger (HI) may be sold and distributed for 
120 days after the effective date of cancellation (i.e., 120 days after 
December 31, 2012); and users may continue to use Existing Stocks of 
such products for production of fresh market tomatoes (CA), fresh 
market peppers (CA), Vidalia onions (GA), and ginger (HI) until those 
Existing Stocks are exhausted, provided that no later than August 31, 
2012, each Registrant has submitted for each of the Registrant's 
products labeled for the fresh market tomatoes (CA), fresh market 
peppers (CA), Vidalia onions (GA), and ginger (HI) uses, an application 
for amended registration to revise the approved labeling for those 
products to delete any language allowing use of the product for any of 
those uses. For any product that does not meet this condition, EPA may 
issue an amended order that prohibits sale and distribution and use of 
Existing Stocks as of the effective date of cancellation.
    3. Existing Stocks of methyl bromide products that include the non 
CUE/QPS use on golf courses and athletic/recreational fields uses may 
be sold and distributed for 120 days after the effective date of 
cancellation (i.e., 120 days after December 31, 2013); and users may 
continue to use Existing Stocks of such products for resurfacing/
replanting turf and sod on golf courses and athletic/recreational 
fields until those Existing Stocks are exhausted, provided that no 
later than August 31, 2013, each Registrant has submitted for each of 
the Registrant's products labeled for the golf course and athletic/
recreational field uses, an application for amended registration to 
revise the approved labeling for those products to delete any language 
allowing use of the product for any of those uses. For any product that 
does not meet this condition, EPA may issue an amended order that 
prohibits sale and distribution and use of Existing Stocks as of the 
effective date of cancellation.
    4. Existing Stocks of methyl bromide products that include the non-
CUE/QPS use on caneberry or tobacco seedling tray uses may be sold and 
distributed for 120 days after the effective date of cancellation 
(i.e., 120 days after December 31, 2014); and users may continue to use 
Existing Stocks of such products on the caneberry and tobacco seedling 
tray uses until those Existing Stocks are exhausted, provided that no 
later than August 31, 2014, each Registrant has submitted for each of 
the Registrant's products labeled for the caneberry or tobacco seedling 
tray uses, an application for amended registration to revise the 
approved labeling for those products to delete any language allowing 
use of the product for any of those uses. For any product that does not 
meet this condition, EPA may issue an amended order that prohibits sale 
and distribution and use of Existing Stocks as of the effective date of 
cancellation.

B. For The Product Listed in Table 1B in Unit III

    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 product listed in Table 1B of 
Unit III.
    All sale or distribution by the registrant of existing stocks is 
prohibited after publication of the cancellation order, unless that 
sale or distribution is solely for the purpose of facilitating disposal 
or export of the product.
    Existing stocks may be sold and distributed by persons other than 
the registrant for 6 months from the date of the cancellation order.
    Existing stocks may be used until those stocks are exhausted, 
provided that such use complies with the EPA-approved label and 
labeling of the product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: January 11, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2011-2872 Filed 2-8-11; 8:45 am]
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