[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Notices]
[Pages 29238-29240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12478]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0123; FRL-8872-2]
Methyl Bromide; Cancellation Order for Registration Amendments To
Terminate Certain Soil Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's order for the amendments to
terminate soil uses, voluntarily requested by the registrants and
accepted by the Agency, of products containing methyl bromide, pursuant
to section 6(f)(1) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended. This cancellation order follows a
February 9, 2011, Federal Register Notice of Receipt of Requests from
the registrants listed in Table 2 of Unit II to voluntarily amend to
terminate uses of these product registrations. These are not the last
products containing this pesticide registered for use in the United
States. In that notice, EPA indicated that it would issue an order
implementing the 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, or unless the
registrants withdrew their requests. The Agency did not receive any
comments on the notice. Further, the registrants did not withdraw their
requests. These amendments do not affect post-harvest fumigant uses.
Any distribution, sale, or use of the products subject to this
cancellation order is permitted only in accordance with the terms of
this order, including any existing stocks provisions.
DATES: The amendments are effective May 20, 2011.
FOR FURTHER INFORMATION CONTACT: Susan Bartow, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 603-0065; fax number: (703) 308-8090; e-
mail address: bartow.susan@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?
EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2005-0123. 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.
II. What action is the agency taking?
This notice announces the amendments to delete uses, as requested
by registrants, of products registered under section 3 of FIFRA. These
registrations are listed in sequence by registration number in Tables
1A and 1B of this unit.
Table 1A--Methyl Bromide Product Registration Amendments To Delete Uses
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Registration No. Product name Company
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5785-19...................................... Terr-O-Gas[reg] 70.............. Great Lakes Chemical
Corporation.
5785-22...................................... Terr-O-Gas[reg] 98.............. Great Lakes Chemical
Corporation.
5785-23...................................... Terr-O-Gas[reg] 45.............. Great Lakes Chemical
Corporation.
5785-24...................................... Terr-O-Gas[reg] 67.............. Great Lakes Chemical
Corporation.
5785-25...................................... Terr-O-Gas[reg] 33.............. Great Lakes Chemical
Corporation.
5785-28...................................... Terr-O-Gas[reg] 57.............. Great Lakes Chemical
Corporation.
5785-40...................................... Terr-O-Gas[reg] 75.............. Great Lakes Chemical
Corporation.
5785-42...................................... Brom-O-Gas[reg] 2%.............. Great Lakes Chemical
Corporation.
5785-47...................................... Terr-O-Gas[reg] 80.............. Great Lakes Chemical
Corporation.
5785-48...................................... Terr-O-Gas[reg] 50.............. Great Lakes Chemical
Corporation.
8536-05...................................... Pic-Brom 33..................... Soil Chemicals Corporation
d/b/a Cardinal Professional
Products.
[[Page 29239]]
8536-06...................................... Pic-Brom 55..................... Soil Chemicals Corporation
d/b/a Cardinal Professional
Products.
8536-07...................................... Pic-Brom 43..................... Soil Chemicals Corporation
d/b/a Cardinal Professional
Products.
8536-09...................................... Pic-Brom 50..................... Soil Chemicals Corporation
d/b/a Cardinal Professional
Products.
8536-11...................................... Pic-Brom 25..................... Soil Chemicals Corporation
d/b/a Cardinal Professional
Products.
8536-19...................................... Methyl Bromide 98%.............. Soil Chemicals Corporation
d/b/a Cardinal Professional
Products.
8536-20...................................... Pic-Brom 67..................... Soil Chemicals Corporation
d/b/a Cardinal Professional
Products.
8622-12...................................... 98-2 Soil Fumigant.............. ICL-IP America, Incorporated.
8622-13...................................... 67-33 Preplant Soil Fumigant.... ICL-IP America, Incorporated.
8622-14...................................... 70-30 Preplant Soil Fumigant.... ICL-IP America, Incorporated.
8622-15...................................... 75-25 Preplant Soil Fumigant.... ICL-IP America, Incorporated.
8622-17...................................... Metabrom 99..................... ICL-IP America, Incorporated.
8622-39...................................... 50-50 Preplant Soil Fumigant.... ICL-IP America, Incorporated.
8622-40...................................... 57-43 Preplant Soil Fumigant.... ICL-IP America, Incorporated.
8622-44...................................... 80-20 Preplant Soil Fumigant.... ICL-IP America, Incorporated.
8853-1....................................... MBC Soil Fumigant............... Hendrix and Dail, Incorporated.
8853-2....................................... MBC Concentrate Soil Fumigant... Hendrix and Dail, Incorporated.
8853-3....................................... MBC-33 Soil Fumigant............ Hendrix and Dail, Incorporated.
11220-04..................................... Tri-Con 57/43................... Trical, Incorporated.
11220-07..................................... Tri-Con 67/33................... Trical, Incorporated.
11220-08..................................... Tri-Con 75/25................... Trical, Incorporated.
11220-10..................................... Tri-Con 50/50................... Trical, Incorporated.
11220-11..................................... Tri-Con 45/55................... Trical, Incorporated.
11220-17..................................... Methyl Bromide 89.5%............ Trical, Incorporated.
58266-1...................................... Tri-Con 80/20 Preplant Soil Shadow Mountain Products
Fumigant. Corporation.
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Table 1B--Methyl Bromide Product Registration Amendments To Delete Uses
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Registration No. Product name Company Uses to be deleted
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8536-12.............................. Methyl Bromide 99.5%... Soil Chemicals Soil fumigation uses.
Corporation d/b/a
Cardinal Professional
Products.
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Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1A and Table 1B 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 Table 1A
and Table 1B of this unit.
Table 2--Registrants of Amended Products
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EPA Company No. Company name and address
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5785.................................. Great Lakes Chemical
Corporation, P.O. Box 2200,
West Lafayette, IN 47996-2200.
8536.................................. Soil Chemicals Corporation, d/b/
a Cardinal Professional
Products, P.O. Box 782,
Hollister, CA 95024-0782.
8622.................................. ICL-IP America, Incorporated, 95
MacCorkle Avenue, SW., South
Charleston, WV 25303.
8853.................................. Hendrix and Dail, Incorporated,
P.O. Box 648, Greenville, NC
27835-0648.
11220................................. Trical, Incorporated, P.O. Box
1327, Hollister, CA 95024-1327.
58266................................. Shadow Mountain Products
Corporation, P.O. Box 1327,
Hollister, CA 95024-1327.
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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 February 9, 2011, Federal Register notice (76 FR
7200; FRL-8862-5) announcing the Agency's receipt of the requests for
voluntary amendments to delete uses of products listed in Table 1A and
Table 1B of Unit II.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
amendments to terminate uses of methyl bromide registrations identified
in Table 1A and Table 1B of Unit II. Accordingly, the Agency hereby
orders that the product registrations identified in Table 1A and Table
1B of Unit II. are amended to terminate the affected uses. The
effective date of the amendment of methyl bromide products that include
soil uses other than uses that meet the definition of a ``critical
use,'' a ``quarantine application,'' or a ``pre-shipment application;''
caneberries; fresh market tomatoes grown in California; fresh market
peppers grown in California; Vidalia onions grown in Georgia; ginger
grown in Hawaii; golf courses and athletic/recreational fields for
resurfacing/replanting of turf; and treatment of tobacco seedling trays
is May 20, 2011. The effective date of the
[[Page 29240]]
amendment of methyl bromide products that include the non-CUE/QPS use
on fresh market tomatoes (CA), fresh market peppers (CA), Vidalia
onions (GA), and ginger (HI) is December 31, 2012. The effective date
of the amendment of methyl bromide products that includes the non-CUE/
QPS use for resurfacing/replanting turf and sod on golf courses and
athletic/recreational fields is December 31, 2013. The effective date
of the amendment of methyl bromide products that include the non-CUE/
QPS use on caneberry or tobacco seedling tray uses is December 31,
2014. The effective date of the amendment listed in Table 1B is May 20,
2011. These amendments do not affect post-harvest fumigant uses of
methyl bromide. Any distribution, sale, or use of existing stocks of
the products identified in Table 1A and Table 1B of Unit II. in a
manner inconsistent with any of the provisions for disposition of
existing stocks set forth in Unit VI. will be a violation of FIFRA.
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 EPA Administrator may approve
such a request. The notice of receipt for this action was published for
comment on February 9, 2011. The comment period closed on March 11,
2011.
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
action. The existing stocks provision for the products subject to this
order is as follows.
A. For All Products Listed in Table 1A in Unit II
1. All sale or distribution of existing stocks of methyl bromide
products that include soil uses other than uses that meet the
definition of a ``critical use,'' a ``quarantine application,'' or a
``pre-shipment application;'' caneberries; fresh market tomatoes grown
in California; fresh market peppers grown in California; Vidalia onions
grown in Georgia; ginger grown in Hawaii; golf courses and athletic/
recreational fields for resurfacing/replanting of turf; and treatment
of tobacco seedling trays is prohibited after publication of the
cancellation order, unless that sale or distribution is solely for the
purpose of facilitating disposal or export of the product.
Existing stocks may be used until those stocks are exhausted,
provided that such use complies with the EPA-approved label and
labeling of the product.
2. Existing stocks of methyl bromide products that include the non-
CUE/QPS use on fresh market tomatoes (CA), fresh market peppers (CA),
Vidalia onions (GA), and ginger (HI) may be sold and distributed for
120 days after the effective date of cancellation (i.e., 120 days after
December 31, 2012); and users may continue to use existing stocks of
such products for production of fresh market tomatoes (CA), fresh
market peppers (CA), Vidalia onions (GA), and ginger (HI) until those
existing stocks are exhausted, provided that no later than August 31,
2012, each registrant has submitted for each of the registrant's
products labeled for the fresh market tomatoes (CA), fresh market
peppers (CA), Vidalia onions (GA), and ginger (HI) uses, an application
for amended registration to revise the approved labeling for those
products to delete any language allowing use of the product for any of
those uses. For any product that does not meet this condition, EPA may
issue an amended order that prohibits sale and distribution and use of
existing stocks as of the effective date of cancellation.
3. Existing stocks of methyl bromide products that include the non-
CUE/QPS use on golf courses and athletic/recreational fields uses may
be sold and distributed for 120 days after the effective date of
cancellation (i.e., 120 days after December 31, 2013); and users may
continue to use existing stocks of such products for resurfacing/
replanting turf and sod on golf courses and athletic/recreational
fields until those existing stocks are exhausted, provided that no
later than August 31, 2013, each registrant has submitted for each of
the registrant's products labeled for the golf course and athletic/
recreational field uses, an application for amended registration to
revise the approved labeling for those products to delete any language
allowing use of the product for any of those uses. For any product that
does not meet this condition, EPA may issue an amended order that
prohibits sale and distribution and use of existing stocks as of the
effective date of cancellation.
4. Existing stocks of methyl bromide products that include the non-
CUE/QPS use on caneberry or tobacco seedling tray uses may be sold and
distributed for 120 days after the effective date of cancellation
(i.e., 120 days after December 31, 2014); and users may continue to use
existing stocks of such products on the caneberry and tobacco seedling
tray uses until those existing stocks are exhausted, provided that no
later than August 31, 2014, each registrant has submitted for each of
the registrant's products labeled for the caneberry or tobacco seedling
tray uses, an application for amended registration to revise the
approved labeling for those products to delete any language allowing
use of the product for any of those uses. For any product that does not
meet this condition, EPA may issue an amended order that prohibits sale
and distribution and use of existing stocks as of the effective date of
cancellation.
B. For the Product Listed in Table 1B in Unit II
All sale or distribution by the registrant of existing stocks is
prohibited after publication of the cancellation order, unless that
sale or distribution is solely for the purpose of facilitating disposal
or export of the product.
Existing stocks may be sold and distributed by persons other than
the registrant for 6 months from the date of the cancellation order.
Existing stocks may be used until those stocks are exhausted,
provided that such use complies with the EPA-approved label and
labeling of the product.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: April 14, 2011.
Peter Caulkins,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-12478 Filed 5-19-11; 8:45 am]
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