2021-03226. Tetrachlorvinphos (TCVP); Order To Voluntarily Terminate a Certain Use

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice.

SUMMARY:

This notice announces EPA's final order for the amendment to terminate uses, voluntarily requested by the registrant and accepted by the Agency, of the uses listed in Table 1 of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This termination order follows an August 6, 2020 Federal Register Notice of Receipt of Request from the registrant listed in Table 2 of Unit II. to voluntarily amend Chem-Tech, Ltd (Chem-Tech) dust formulations to terminate TCVP use on dogs, cats and in kennels and dog houses. In the August 6, 2020 notice, EPA indicated that it would issue an order implementing the use deletions, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrant withdrew their request. The Agency did not receive any comments on the notice nor did the registrant withdraw their request. Accordingly, EPA hereby issues in this notice a termination order granting the requested amendments to terminate TCVP use on dogs, cats and in kennels and dog houses. Any distribution, sale, or use of the products subject to this use deletion order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

DATES:

The amendments are effective February 18, 2021.

FOR FURTHER INFORMATION CONTACT:

Patricia Biggio, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: [phone]; email address: [e-mail].

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.

B. How can I get copies of this document and other related information?

The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2009-0308, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001.

Due to public health concerns related to COVID-19, the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit http://www.epa.gov/​dockets.

II. What action is the Agency taking?

This notice announces the amendments to delete the uses, as requested by the registrant, for products registered under FIFRA section 3 (7 U.S.C. 136a). The registration is listed in Table 1 of this unit.

Table 1—Product Registration Amendments To Delete Certain Uses

EPA registration No.	Product name	Uses deleted
47000-123	Clean Crop Livestock 1% Rabon Dust	On dogs and cats and in kennels and dog houses.

Table 2 of this unit includes the name and address of record for the registrant of the product in Table 1 of this unit. The EPA company number corresponds to the first part of the EPA registration number of the product listed above.

Table 2—Registrant of Amended Products

EPA company No.	Company name and address
47000	Chem-Tech, Ltd., 620 Lesher Place, Lansing, MI 48912.

III. Summary of Public Comments Received and Agency Response to Comments

During the 30-day public comment period provided, EPA received no comments in response to the August 6, 2020 Federal Register notice announcing the Agency's receipt of the request for voluntary deletion of uses for the products listed in Table 1 of Unit II.

IV. Termination Order

Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby approves the requested amendments to terminate uses of TCVP for the registration identified in Table 1 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Table 1 of Unit II. are amended to terminate uses on dogs, cats and in kennels and dog houses. The effective date of the amendments to terminate affected uses that are the subject of this notice is February 18, 2021. Any distribution, sale, or use of existing stocks of the products identified in Table 1 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 (7 U.S.C. 136d(f)(1)) 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 in the Federal Register of August 6, 2020 [(volume 85 number 152) (FRL-10012-80)]. The comment period closed on September 8, 2020.

VI. 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. The existing stocks provisions for the products subject to this order are as follows.

Chem-Tech may not “release for shipment,” as that term is defined by 40 CFR 152.3, any product under EPA Reg. No. 47000-123 as of February 18, 2021 and may not sell or distribute existing stocks except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Chem-Tech may sell or distribute existing stocks of EPA Reg. No. 47000-123 until exhausted.

Persons other than the registrants may sell, distribute, or use existing stocks of canceled products until supplies 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.

Authority: 7 U.S.C. 136 et seq.

Dated: February 3, 2021.

Mary Reaves,

Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs.