[Federal Register Volume 87, Number 120 (Thursday, June 23, 2022)]
[Notices]
[Pages 37507-37508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13445]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0374; FRL-9933-01-OMS]


Notice of Objections to Notice of Intent To Suspend Dimethyl 
Tetrachloroterephthalate (DCPA) Technical Registration; Notice of 
Public Hearing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of objections and public hearing.

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SUMMARY: The Environmental Protection Agency (EPA) has received 
objections and hearing requests in response to its issuance of a Notice 
of Intent to Suspend registration of a pesticide containing dimethyl 
tetrachloroterephthalate (DCPA). EPA will hold a public hearing to 
receive evidence related to the proposed suspension of DCPA.

DATES: A public hearing will be held beginning at 9 a.m. July 6, 2022 
and continue as necessary through July 8, 2022.

ADDRESSES: The public hearing will take place in the EPA Administrative 
Courtroom, EPA East Building, Room 1152, 1201 Constitution Ave. NW, 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Mary Angeles, Headquarters Hearing 
Clerk, Office of Administrative Law Judges, 1200 Pennsylvania Ave. NW, 
Mail Code 1900R, Washington, DC 20460; telephone number: (202) 564-
6281; email 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, farm worker 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.

B. How can I get copies of this document and other related information?

    The regulatory docket for this action, identified by docket 
identification number EPA-HQ-OPP-2011-0374, is available electronically 
at https://www.regulations.gov or in hard copy at

[[Page 37508]]

the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) 
in the EPA Docket Center, (EPA/DC) EPA West, Room 3334, 1301 
Constitution Ave. NW, Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744.
    The adjudication docket for the proceeding in which petitioners 
have requested a public hearing, captioned in re FIFRA Section 
3(c)(2)(B) Notice of Intent to Suspend Dimethyl 
Tetrachloroterephthalate (DCPA) Technical Registration and identified 
by docket number FIFRA-HQ-2022-0002, is available electronically on the 
website of EPA's Office of Administrative Law Judges at https://yosemite.epa.gov/oarm/alj/alj_web_docket.nsf/Active+Dockets?OpenView.

II. Public Hearing To Be Held on Objections to EPA's Notice of Intent 
To Suspend DCPA

    EPA previously published (87 FR 25262, April 28, 2022) a Notice of 
Intent to Suspend (NOITS) the registration of DCPA pursuant to its 
authority under Section 3(c)(2)(B)(iv) of the Federal Insecticide, 
Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136a(c)(2)(B)(iv). 
Section 3(c)(2)(B)(iv) of FIFRA provides that any person adversely 
affected by the NOITS may request a hearing on the proposed suspension 
within thirty days of the registrant receiving the notice. On May 24, 
2022, the Western Plant Health Association filed an objection to the 
NOITS. On May 27, 2022, AMVAC Chemical Corporation, the DCPA 
registrant, filed an objection to the NOITS and requested a hearing. 
Also on May 27, 2022, the Grower-Shipper Association of Central 
California, Sunheaven Farms, LLC, J&D Produce, Ratto Bros., Inc., and 
Huntington Farms jointly filed an objection to the NOITS and requested 
a hearing.
    The hearing requests commenced a proceeding under Section 6(d) of 
FIFRA, 7 U.S.C. 136d(d), and EPA's procedural rules, 40 CFR 164, before 
EPA's Office of Administrative Law Judges. The proceeding includes a 
public hearing that will be held to receive evidence from the parties 
relevant and material to issues raised by petitioners objecting to the 
proposed suspension of DCPA. FIFRA section 3(c)(2)(B)(iv) specifically 
limits the scope of the hearing to two questions: (1) whether the 
registrant has failed to take the action that served as the basis for 
the notice of intent to suspend the registration of the pesticide for 
which additional data is required; and (2) whether the Administrator's 
determination with respect to the disposition of existing stocks is 
consistent with FIFRA.
    As set forth in DATES and ADDRESSES, the hearing will begin at 9 
a.m. July 6, 2022, and continue as necessary through July 8, 2022, in 
the EPA Administrative Courtroom, EPA East Building, Room 1152, 1201 
Constitution Ave. NW, Washington, DC 20460. Anyone wishing to attend 
the hearing must notify Mary Angeles, Headquarters Hearing Clerk, 
Office of Administrative Law Judges, by email no later than July 1, 
2022, at the email address listed under FOR FURTHER INFORMATION 
CONTACT. A notice of intent to attend the hearing shall include the 
individual's name, email address, telephone number, and any 
organization they represent. On the day of the hearing, attendees must 
present government-issued identification to enter EPA facilities, and 
they will be required to wear a mask and physically distance from 
others in the hearing room. Attendees may face further restrictions on 
entry based on the community level of COVID-19 at the time of the 
hearing.
    Authority: 7 U.S.C. 136 et seq.; 40 CFR 164.

    Dated: June 14, 2022.
Susan Biro,
Chief Administrative Law Judge, Office of Administrative Law Judges.
[FR Doc. 2022-13445 Filed 6-22-22; 8:45 am]
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