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Notice

Pentachloronitrobenzene (PCNB); Notice of Receipt of Requests to Amend Registrations to Terminate Uses of Certain Pesticide Registrations

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Information about this document as published in the Federal Register.

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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 registrations to terminate uses of certain products containing the pesticide pentachloronitrobenzene, or PCNB. The requests would terminate PCNB use on golf course roughs (i.e., use on golf courses will be limited to tees, greens, and fairways); residential sites including lawns, yards, and ornamental plants and gardens around homes and apartments; grounds around day care facilities; school yards; parks (except industrial parks); playgrounds; and athletic fields (except professional and college fields). The requests would not terminate the last PCNB 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 within this period. 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.

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DATES:

Comments must be received on or before April 29, 2009.

ADDRESSES:

Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2009-0123, 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-2009-0123. 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 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.

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FOR FURTHER INFORMATION CONTACT:

Jill Bloom, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-8019; fax number: (703) 308-7070; e-mail address: bloom.jill@epa.gov.

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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 the registrants, Amvac Chemical Corporation and Chemtura Corporation, to amend 31 PCNB product registrations to terminate certain uses. PCNB is a fungicide used to control diseases of turf, ornamentals, cole crops, potatoes, cotton, and other agricultural and horticultural crops. In letters dated February 10, 2009, Amvac and Chemtura each requested that EPA amend the pesticide product registrations identified in this notice to terminate certain uses. Specifically, Amvac and Chemtura requested the termination of the uses of PCNB on golf course roughs; residential sites including lawns, yards, and ornamental plants and gardens around homes and apartments; grounds around day care facilities; school yards; parks (except industrial parks); playgrounds; and athletic fields (except professional and college fields). The registrants' requests will not terminate the last PCNB products registered in the United States for these uses. The Amvac and Chemtura products include manufacturing-use products from which Start Printed Page 14124other U.S.-registered PCNB products are formulated; after the relevant existing stocks provisions have expired, end-use products formulated from those manufacturing-use products must bear labeling consistent with the revised labeling on the Amvac and Chemtura products.

III. What Action is the Agency Taking?

This notice announces receipt by EPA of requests from the registrants to amend certain PCNB product registrations to terminate the uses detailed in Unit II. The affected products and the registrants making the requests are identified in Tables 1 and 2 of this unit.

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

2. The Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment.

The PCNB registrants have requested that EPA waive the 180-day comment period. EPA will provide a 30-day comment period on the proposed requests.

Unless a request is withdrawn by the registrant within 30 days of publication of this notice, or if the Agency determines that there are substantive comments that warrant further review of this request, an order will be issued amending the affected registrations.

Table 1.—PCNB Product Registrations with Pending Requests for Amendment

Registration NumberProduct NameProduct TypeCompany
400-399Terraclor 75W Wettable PowderEnd-useChemtura Corporation
400-401Terraclor TechnicalManufacturing-useChemtura Corporation
400-402Terraclor 10% Granular, Revere 10% GranularEnd-useChemtura Corporation
400-403Greenback Lawn FungicideEnd-useChemtura Corporation
400-404Turfcide Emulsifiable FungicideEnd-useChemtura Corporation
400-407Turfcide 10% GranularEnd-useChemtura Corporation
400-414Terraclor 90% Dust ConcentrateManufacturing-useChemtura Corporation
400-453Terraclor Flowable FungicideEnd-useChemtura Corporation
400-454Turfcide 4F, Turfcide 400, Terraclor 400, Revere 4,000End-useChemtura Corporation
400-457Turfcide 15GEnd-useChemtura Corporation
400-458Terraclor 15GEnd-useChemtura Corporation
400-459Terrazan PCNB Technical 99%Manufacturing-useChemtura Corporation
400-460Terrazan 24% Emulsifiable ConcentrateEnd-useChemtura Corporation
400-479Turfcide WDGEnd-useChemtura Corporation
400-504Terraclor Tech 96Manufacturing-useChemtura Corporation
5481-197Technical Grade PCNB 95%Manufacturing-useAmvac Chemical Corporation
5481-211PCNB 10% Granules Soil FungicideEnd-useAmvac Chemical Corporation
5481-214PCNB Soil & Turf Liquid DrenchEnd-useAmvac Chemical Corporation
5481-279PCNB 75% Wettable PowderEnd-useAmvac Chemical Corporation
5481-419PCNB 75W Turf and Ornamental Soil FungicideEnd-useAmvac Chemical Corporation
5481-43880% PCNBManufacturing-useAmvac Chemical Corporation
5481-441PCNB 75 DGEnd-useAmvac Chemical Corporation
5481-443PCNB 2 Flowable Turf & Ornamental Soil FungicideEnd-useAmvac Chemical Corporation
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5481-444PCNB 10 G Turf & Ornamental Soil FungicideEnd-useAmvac Chemical Corporation
5481-450PCNB 20% WDG Soil FungicideEnd-useAmvac Chemical Corporation
5481-453PCNB 75 WSPEnd-useAmvac Chemical Corporation
5481-457Turfpro WSP Turf & Ornamental Soil FungicideEnd-useAmvac Chemical Corporation
5481-464Par-Flo 6FEnd-useAmvac Chemical Corporation
5481-465Par-FloEnd-useAmvac Chemical Corporation
5481-471Win-Flo 6FEnd-useAmvac Chemical Corporation
5481-472Win-FloEnd-useAmvac Chemical Corporation

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

Table 2.—Registrants Requesting Voluntary Cancellation and/or Amendments

EPA Company NumberCompany Name and Address
400Chemtura Chemical Corporation, 1995 Benson Road, Middlebury, CT 06749
5481Amvac Chemical Corporation, 4695 MacArthur Court, Suite 1250, Newport Beach, CA 92660

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. Procedures for Withdrawal of Request

Registrants who choose to withdraw a request for cancellation must submit such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT, postmarked before April 29, 2009. This written withdrawal of the request for cancellation will apply only to the applicable FIFRA section 6(f)(1) requests listed in this notice. 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 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 these requests for amendments to terminate uses, the Agency proposes to include the following provisions for the treatment of any existing stocks of the products identified or referenced in Table 1 in Unit III.

Amvac Corporation and Chemtura Chemical Corporation will be permitted to sell or distribute existing stocks of the manufacturing-use products referenced in Table 1 of Unit III. with labels that are not revised per their request as described in Unit III. (i.e., “previously approved labeling”), until 6 months after the effective date of cancellation. Persons other than Amvac Corporation or Chemtura Chemical Corporation may continue to use existing stocks of the manufacturing-use products referenced in Table 1 of Unit III. with previously approved labeling, for formulation into end-use products until 18 months after the effective date of cancellation.

Amvac Corporation and Chemtura Chemical Corporation will be permitted to sell or distribute existing stocks of the end-use products referenced in Table 1 of Unit III. with previously approved labeling, until 18 months after the effective date of cancellation. Users will be allowed to use existing stocks of the affected PCNB end-use products with previously approved labeling until such stocks are exhausted, provided such use is in a manner consistent with the previously approved labeling for that product.

If the requests for use termination are granted, the Agency intends to publish the cancellation order in the Federal Register.

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List of Subjects

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Dated: March 18, 2009.

Richard P. Keigwin, Jr.,

Director, Special Review and Reregistration Division, Office of Pesticide Programs.

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[FR Doc. E9-7043 Filed 3-27-09; 8:45 am]

BILLING CODE 6560-50-S