[Federal Register: February 20, 2008 (Volume 73, Number 34)]
[Notices]
[Page 9328-9330]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20fe08-67]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0061; FRL-8349-8]
Azinphos-methyl; Product Cancellation Order and Amendments to
Terminate Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice publishes EPA's order for the cancellations and
amendments to terminate uses, voluntarily requested by the registrants
and accepted by the Agency, of products containing the pesticide
azinphos-methyl (AZM), pursuant to section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This
cancellation order follows an August 8, 2007 Federal Register Notice of
Receipt of Requests from the AZM registrants to voluntarily cancel and
amend to terminate uses of all their AZM product registrations by
September 30, 2012. Subject to the terms and conditions described in
Unit II below and except as provided in the existing stocks provisions
of the cancellation order, the order terminates distribution, sale and
use of AZM products labeled for use on Brussels sprouts and nursery
stock effective as of today's date; and prohibits use of such products
on Brussels spouts and nursery stock effective September 30, 2008;
terminates AZM use on walnuts, almonds, and pistachios effective
October 30, 2009; and cancels all AZM products effective September 30,
2012. The cancellation of AZM products serves to terminate the six
remaining uses of AZM (apples, pears, cherries, blueberries, alkali bee
beds, and parsley) on September 30, 2012. All distribution, sale and
use of such products will be prohibited as of that date except as
provided in the existing stocks order of the notice. While the alkali
bee bed use was not specifically identified in the registrants'
voluntary cancellation requests, the registrants requested cancellation
of all AZM products, which includes products labeled for the bee bed
use. These are the last AZM products registered for use in the United
States. In the August 8, 2007 notice, EPA indicated that it would issue
an order implementing the cancellations and amendments to terminate
uses, unless the Agency received substantive comments within the 30-day
comment period that would merit its further review of these requests.
The Agency did not receive any comments on the notice. Accordingly, EPA
hereby issues in this notice a cancellation order granting the
requested cancellations and amendments to terminate uses. Any
distribution, sale, or use of the AZM products subject to this
cancellation order is permitted only in accordance with the terms of
this order, including any existing stocks provisions.
DATES: This order is February 20, 2008.
FOR FURTHER INFORMATION CONTACT: Tom Myers, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8589; fax
number: (703) 308-7070; e-mail address: myers.tom@epa.gov.
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. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2005-0061. 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 Office of Pesticide Programs (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.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr.
II. What Action is the Agency Taking?
This notice announces the cancellation and amendments to terminate
uses, as requested by registrants, of all end-use and manufacturing-use
AZM products registered under section 3 and 24(c) of FIFRA. At the
request of EPA, the AZM registrants requested that EPA terminate
certain uses in 2007 and 2009 and cancel all remaining AZM product
registrations in 2012 (identified in Table 1 of this notice), subject
to certain terms and conditions. Specifically they requested the
deletion of the Brussels sprouts and nursery stock uses from their
registrations not sooner than the later of September 30, 2007 or 90
days from the date EPA approves draft
[[Page 9329]]
labeling submitted by the registrants (draft labeling was approved on
August 14, 2007); deletion of the walnut, almond, and pistachio uses
not sooner than October 30, 2009; and the cancellation of all AZM
registrations (thereby ending AZM use on apples, pears, cherries,
blueberries, alkali bee beds, and parsley) not sooner than September
30, 2012. Other terms and conditions include:
1. A condition that the requests for termination of use and
voluntary cancellation shall not be made effective until EPA conducts
an independent scientific review of a submission from the registrants
requesting reconsideration of EPA's decision to maintain an inter-
species uncertainty factor in its risk assessment of AZM for
agricultural workers. EPA has conducted this review and provided its
response to the registrants.
2. A condition that the requests for voluntary cancellation of all
AZM products shall not become effective unless:
i. EPA holds at least one public meeting to obtain views regarding
the continued need for access to AZM prior to July 1, 2011 (EPA has
thus far held a series of public meetings under the auspices of the
Pesticide Program Dialogue Committee regarding the need for AZM and
issues related to the transition to alternatives); and
ii. EPA makes a determination not later than November 1, 2011 for
the remaining uses of AZM whether to conduct a risk-benefit analysis
for AZM prior to the cancellation of these uses, and, if it so
determines, conducts such analysis not later than July 1, 2012.
If the actions described above result in the retention of any AZM
use beyond the stop-use date (as provided in the existing stock
provisions below and in appendix A of the November 16, 2006 Final
Decisions for the Remaining Uses for Azinphos-methyl), the registrants
may request that product labeling be amended consistent with the terms
of such actions and EPA shall grant any amendment that is consistent
with such actions and the provisions of 40 CFR part 156.
Affected registrations are listed in sequence by registration
number in Table 1 of this unit. EPA believes this is the complete list
of all such products; however, because the registrants requested
cancellation of all AZM products, the cancellation order and amendment
to terminate uses extend to all AZM products held by these registrants
irrespective of whether the products are specifically listed in the
tables below.
Table 1.--AZM Product Cancellations
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EPA Registration Number Product Name
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264-722 Guthion Solupak 50% Wettable
Powder in Water Soluble
Packets
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264-733 Guthion Solupak 50% Wettable
Powder Insecticide
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10163-78 Gowan Azinphos-M 50 WSB
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10163-95 Azinphos-methyl Technical
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11678-53 Cotnion-Methyl
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66222-11 Cotnion-Methyl Azinphos-
methyl 50W
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66330-233 Azinphos-methyl 50W
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ID000006 Guthion Solupak 50% Wettable
Powder Insecticide
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NJ990010 Guthion Solupak 50% Wettable
Powder Insecticide
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OH020005 Guthion Solupak 50% Wettable
Powder Insecticide
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OR040020 Guthion Solupak 50% Wettable
Powder Insecticide
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TX030011 Guthion Solupak 50% Wettable
Powder Insecticide
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WA000001 Guthion Solupak 50% Wettable
Powder Insecticide
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WA030035 Guthion Solupak 50% Wettable
Powder Insecticide
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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. Please note, Guthion Technical Insecticide (264-
722) was transferred to Makhteshim Chemical Works LTD (11678-70) in
October 2007, and Guthion Solupak 50% Wettable Powder Insecticide (264-
733) was transferred to Makteshim-Agan of North America (66222-162) in
October 2007. In addition, the following Special Local Need
registrations will be cancelled immediately upon publication of this
notice: ID000006, NJ990010, OH020005, TX030011, and WA000001. Special
Local Need registrations OR040020 and WA030035 (both registered only
for alkali bee bed use) are subject to existing stocks provisions as
listed in Unit IV.2. of this notice.
Table 2.--Registrants of Cancelled and/or Amended AZM Products
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EPA Company Number Company Name and Address
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264 Bayer Crop Science
P.O. Box 12014
2 T.W. Alexander Drive
Research Triangle Park, NC
27709
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11678 Makteshim Chemical Works LTD
c/o Makteshim Agan of North
America
4515 Falls of Neuse RD STE
300
Raleigh, NC 27609
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66222 Makteshim-Agan of North
America
4515 Falls of Neuse RD STE
300
Raleigh, NC 27609
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10163 Gowan Company
PO Box 5569
Yuma, AZ 85366-5569
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66330 Arysta Lifescience North
America Corporation
15401 Weston Parkway, Suite
150
Cary, NC 27513
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III. Summary of Public Comments Received and Agency Response to
Comments
During the public comment period provided, EPA received no comments
in response to the August 8, 2007 Federal Register notice (72 FR 44511)
(FRL-8134-7) announcing the Agency's receipt of the requests for
voluntary cancellations and amendments to terminate uses of AZM.
IV. Cancellation Order
1. Cancellation and amendment. Pursuant to FIFRA section 6(f), EPA
hereby approves the requested cancellations and amendments to terminate
uses of AZM registrations identified in Table 1 of Unit II. and any
other AZM product that may be held by the registrants listed in Table 2
of Unit II. Accordingly, subject to the terms and conditions described
in Unit II. of this notice, the Agency orders that these AZM product
registrations are hereby canceled and amended as follows:
i. Use of AZM products on Brussels sprouts and nursery stock is
prohibted as of September 30, 2008.
[[Page 9330]]
ii. Use of AZM products on walnuts, almonds, and pistachios is
prohibited effective October 30, 2009
iii. All AZM products currently held by any of the registrants
listed in Table 2 of Unit II are canceled effective September 30, 2012.
Any distribution, sale, or use of these products in a manner
inconsistent with this order, including the provisions in Unit IV.2
regarding the disposition of existing stocks, will be considered a
violation of section 12(a)(2)(K) and/or 12(a)(1)(A) of FIFRA.
2. Existing Stocks. For purposes of this order, the term ``existing
stocks'' is defined, pursuant to EPA's existing stocks policy (56 FR
29362, June 26, 1991) as 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
amendment or cancellation action. This cancellation order includes the
following existing stocks provisions.
a. Distribution or sale. i. Distribution or sale of products
bearing the Brussels sprouts and nursery stock uses is prohibited
effective as of February 20, 2008, except for the purposes of proper
disposal, reformulation, relabeling, or export consistent with section
17 of FIFRA, which activities may continue until such stocks are
depleted.
ii. Distribution or sale of Special Local Need registrations
OR040020 and WA030035 bearing the alkali bee beds use is prohibited
after December 31, 2010 except the sale or distribution of such
products for the purposes of proper disposal, reformulation,
relabeling, or export consistent with section 17 of FIFRA, which
activities may continue until such stocks are depleted.
iii. For products bearing all other uses, distribution or sale of
such products is prohibited after September 30, 2012 except the sale or
distribution of such products for the purposes of proper disposal,
reformulation, relabeling, or export consistent with section 17 of
FIFRA, which activities may continue until such stocks are depleted.
b. Use. i. Use of products on Brussels sprouts and nursery stock is
prohibited as of February 20, 2008. Labels prohibit use on almonds,
walnuts, and pistachios after October 30, 2009.
ii. Use of all azinphos methyl products subject to this notice for
any use is prohibited after September 30, 2012.
Note that the stop use dates for the uses are also reflected on
amended product labeling. Any use of existing stocks must be consistent
with the directions for use on product labeling.
V. 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.
List of Subjects
Environmental protection, Pesticides and pests.
Dated:February 12, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-3112 Filed 2-19-08; 8:45 a.m.]
BILLING CODE 6560-50-S