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Comments must be received on or before July 16, 2010.
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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 registrants to voluntarily cancel certain pesticide registrations. 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 registrations have been cancelled only if such sale, distribution, or use is
( printed page 34127)
consistent with the terms as described in the final order.
DATES:
Comments must be received on or before July 16, 2010.
ADDRESSES:
Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2009-1017, 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.
Submit written withdrawal request by mail to: Pesticide Re-evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. Attention:
Maia Tatinclaux.
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-2009-1017. 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.
This action is directed to the public in general. 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. If you have any questions regarding the information in this notice, 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. What Action is the Agency Taking?
This notice announces receipt by the Agency of requests from registrants to cancel 199 pesticide products registered under FIFRA section 3 or 24(c). These registrations are listed in sequence by registration number (or company number and 24(c) number) in Table 1 of this unit.
Unless the Agency determines that there are substantive comments that warrant further review of the requests or the registrants withdraw their requests, EPA intends to issue an order in the
Federal Register
canceling all of the affected registrations.
( printed page 34128)
Table 1.—Registrations with Pending Requests for Cancellation
Niagara Citrus Sol Oil Light Medium Code 30390 and Gowan Malathion 8 Tank Mix
Mineral Oil - includes paraffin oil from 063503
FL760015
Pyrocide Fogging Formula 7067 for ULV Mosquito Aduticiding
Piperonyl butoxide
Pyrethrins
MS060006
Co-Starr
Gyphosate-isopropylammonium
Dicamba
PA860009
Prentox Vapon 4E
Dichlorvos
Table 2 of this unit includes the names and addresses of record for all registrants of the products 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 this unit.
Ecolab Inc.
370 North Wabasha St.
St. Paul, MN 55102
2596
The Hartz Mountain Corp.
400 Plaza Drive
Secaucus, NJ 07094
2724
Wellmark International
1501 E. Woodfield Rd, Suite 200 West
Schaumburg, IL 60173
4822
S.C. Johnson & Son, Inc.
1525 Howe St.
Racine, WI 53403
5887
Value Gardens Supply, LLC
D/B/A Garden Value Supply
PO Box 585
Saint Joseph, MO 64502
8660
United Industries Corp.
D/B/A Sylorr Plant Corp
PO Box 14642
St. Louis, MO 63114-0642
8845
Spectrum, a div. of United Industries Corp.
PO Box 142642
St. Louis, MO 63114-0642
8848
Safeguard Chemical Corp.
411 Wales Ave.
Bronx, NY 10454
9152
Morgan-Gallacher Inc.
8707 Millergrove Dr.
Santa Fe Springs, CA 90670
9444
Waterbury Companies, Inc.
129 Calhoun St., P.O. Box 640
Independence, LA 70443
9688
Chemsico Div. of United Industries Corp.
PO Box 142642
St. Louis, MO 63114-0642
10404
Lesco, Inc.
1301 East 9th St., Suite 1300
Cleveland, OH 44114-1849
10806
Contact Industries Div. of Safeguard Chemical Corp.
411 Wales Ave
Bronx, NY 10454
19713
Drexel Chemical Company
1700 Channel Ave.
PO Box 13327
Memphis, TN 38113-0327
28293
Phaeton Corporation
Agent Registrations By Design, Inc.
PO Box 1019
Salem, VA 24153
34704
Loveland Products, Inc.
PO Box 1286
Greeley, CO 80632-1286
35935
Nufarm Limited
PO Box 13439
RTP, NC 27709
45600
Insecta Marketing, Inc.
3601 NE 5th Ave.
Oakland Park, FL 33334-2214
46515
Celex Div. of United Industries Corp.
PO Box 142642
St. Louis, MO 63114-0642
53883
Control Solutions, Inc.
427 Hide Away Circle
Cub Run, KY 42729
55206
B V Associates Inc.
PO Box 930301
Wixom, MI 48393
60063
Sipcam Agro USA, Inc.
2520 Meridian Pkwy., Suite 525
Durham, NC 27713
66330
Arysta Lifescience North America, LLC
155401 Weston Parkway, Suite 150
Cary, NC 27513
67690
Sepro Corp.
11550 N. Meridian St., Suite 600
Carmel, IN 46032
68077
First Priority Inc.
1590 Todd Farm Drive
Elgin, IL 60123-1146
70627
Johnson Diversey, Inc.
8310 16th St.,
PO Box 902
Sturtevant, WI 53177
71096
OR-CAL Inc.
17220 Westview Rd.
Oswego, OR 97034
73049
Valent BioSciences Corporation
870 Technology Way, Suite 100
Libertyville, IL 60048-6316
( printed page 34137)
82542
Source Dynamics, LLC
10039 E. Troon North Drive
Scottsdale, AZ 85262
83558
Celsius Property B.V., Amsterdam (NL)
4515 Falls of Neuse Rd, Suite 300
Raleigh, NC 27609
84396
Sungro Products, LLC
810 E. 18th St.
Los Angeles, CA 90021
CA770445
California Dept. of Food and Agriculture
560 J Street, Room 220
Sacramento, CA 95814
FL760015
Lee County Mosquito Control District
PO Box 60005
Fort Myers, FL 33906
MS060006
Albaugh, Inc.
1525 NE 36th Street
Ankeny, IA 50021
PA860009
Prentiss, INC.
3600 Mansell Rd, Suite 350
Alpharetta, GA 30022
III. 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. 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 registrants in Table 2 of Unit II. have requested that EPA waive the 180-day comment period. Accordingly, EPA will provide a 30-day comment period on the proposed requests.
IV. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for cancellation should submit such 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.
V. 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 cancellation action. Because the Agency has identified no significant potential risk concerns associated with these pesticide products, upon cancellation of the products identified in Table 1 of Unit II., EPA anticipates allowing registrants to sell and distribute existing stocks of these products for 1 year after publication of the Cancellation Order in the
Federal Register
. Thereafter, registrants will be prohibited from selling or distributing the pesticides identified in Table 1 of Unit II., except for export consistent with FIFRA section 17 or for proper disposal. Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products.
List of Subjects
Environmental protection
Pesticides and pests
Dated: June 3, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide Programs.