[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Notices]
[Pages 47581-47583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22298]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0321; FRL-8432-7]


Dimethyldithiocarbamate Salts; Notice of Receipt of Requests to 
Voluntarily Cancel or to Amend to Terminate Uses of Certain Pesticide 
Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION:  Notice.

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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 cancel and/or amend their registrations to terminate uses 
of certain products containing the pesticides sodium 
dimethyldithiocarbamate and potassium dimethyldithiocarbamate. The 
requests would terminate dimethyldithiocarbamate salts use in or on 
pressure-treated wood preservatives, sapstain, paints, coatings, and 
cutting fluids, and prohibit ``open pour'' applications of one product. 
The request(s) would not terminate the last dimethyldithiocarbamate 
salts 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.

DATES: Comments must be received on or before March 15, 2010. Written 
requests to withdraw the cancellation must be received on or before 
March 15, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2009-0321, 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-
2009-0321. 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.

FOR FURTHER INFORMATION CONTACT:  Eliza Blair, Antimicrobials Division 
(7510P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-7279; e-mail address: blair.eliza@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. 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).

[[Page 47582]]

    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 Cancel and/or Amend 
Registrations to Delete Uses

    This notice announces receipt by EPA of requests from registrants 
Buckman Laboratories, Inc. and Akzo Nobel Surface Chemistry LLC to 
cancel one sodium dimethyldithiocarbamate use and to amend to terminate 
uses of four sodium dimethyldithiocarbamate and potassium 
dimethyldithiocarbamate product registrations. Dimethyldithiocarbamate 
salts are used as materials preservatives and water antifoulants in a 
wide range of water systems, including industrial cooling/air washer 
water and oil recovery fluids. In letters dated June 6, 2009 and June 
1, 2009, respectively, Buckman and Akzo Nobel requested that EPA cancel 
affected product registrations and/or to amend to terminate uses of 
pesticide product registrations identified in Tables 1 and 2. 
Specifically, a risk assessment performed for the 
Dimethyldithiocarbamate Salts RED identified human health and 
environmental risks of concern for several current uses, and suggested 
data needs that EPA will request in order to support the reregistration 
of dimethyldithiocarbamate salts. The registrants then identified 
specific uses that they would not support through the data-gathering 
process and submitted letters of request to amend/or remove the related 
product labels. The uses to be canceled are all wood-preservative uses, 
including pressure-treated wood and sapstain, all paints and coatings 
preservatives, and one registrant's metalworking fluids uses. One 
product with only wood-preservative uses will be canceled. One product 
label will be amended to prohibit ``open pour'' application of the 
product, and restrict application to ``closed-system'' methods such as 
water-soluble packets. The requests would not terminate the last 
dimethyldithiocarbamate salts 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 cancel and/or amend to terminate uses of sodium 
dimethyldithiocarbamate and potassium dimethyldithiocarbamate product 
registrations. The affected products and the registrants making the 
requests are identified in Tables 1-3 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, or
    2. The Administrator determines that continued use of the pesticide 
would pose an unreasonable adverse effect on the environment.
     The dimethyldithiocarbamate salts registrants have not requested 
that EPA waive the 180-day comment period. EPA will provide a 180-day 
comment period on the proposed requests.
     Unless a request is withdrawn by the registrant within 180 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 canceling and/or amending the affected 
registrations in the following tables 1 and 2.

   Table 1.--Sodium Dimethyldithiocarbamate Product Registration with
                    Pending Request for Cancellation
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       Registration Number           Product Name           Company
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34688-83                          Aquatreat DCD       Akzo Nobel Surface
                                                       Chemistry LLC
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        Table 2.--Dimethyldithiocarbamate Salts Product Registrations with Pending Requests for Amendment
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         EPA Registration No.                Product Name          Active Ingredient        Delete from Label
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34688-78                               Aquatreat SDM            Sodium                   Sapstain
                                                                 Dimethyldithiocarbamat
                                                                 e
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34688-82                               Aquatreat DNM-80         Sodium                   All ``open pour''
                                                                 Dimethyldithiocarbamat   applications in water
                                                                 e                        systems - see Sec. II
                                                                                          above
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1448-70                                Busan 85                 Potassium                Paints, coatings and
                                                                 Dimethyldithiocarbamat   cutting fluids
                                                                 e
----------------------------------------------------------------------------------------------------------------
1448-381                               Dimet                    Potassium                Paints, coatings and
                                                                 Dimethyldithiocarbamat   cutting fluids
                                                                 e
----------------------------------------------------------------------------------------------------------------


[[Page 47583]]

    Table 3 of this unit includes the names and addresses of record for 
the registrants of the products listed in Table 1 and Table 2 of this 
unit.

     Table 3.--Registrants Requesting Voluntary Cancellation and/or
                               Amendments
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            EPA Company Number                Company Name and Address
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34688.....................................  Akzo Nobel Surface Chemistry
                                             LLC
                                            7140 Heritage Village Plaza
                                            Gainesville, VA 20136
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1448......................................  Buckman Laboratories Inc.
                                            1256 North McLean Blvd
                                            Memphis, TN 38108
------------------------------------------------------------------------

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 and Considerations for 
Reregistration of Sodium Dimethyldithiocarbamate and Potassium 
Dimethyldithiocarbamate

    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 March 15, 2010. This 
written withdrawal of the request for cancellation will apply only to 
the applicable FIFRA section 6(f)(1) request listed in this notice. If 
the products(s) have been subject to a previous cancellation action, 
the effective date of cancellation and all other provisions of any 
earlier cancellation action are controlling.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 28, 2009.
 Betty Shackleford,
Acting Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E9-22298 Filed 9-15-09; 8:45 a.m.]
BILLING CODE 6560-50-S