[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9158]
[[Page Unknown]]
[Federal Register: April 15, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-64020; FRL 4771-5]
Voluntary Cancellation of the Registrations of Simazine for Use
in Swimming Pools, Hot Tubs, and Whirlpool Baths
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Receipt of Requests to Cancel and Cancellation
Orders.
-----------------------------------------------------------------------
SUMMARY: This notice, issued pursuant to section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C.
136d(f)(1), announces EPA's receipt of requests from nine registrants
for the voluntary cancellation of fourteen registrations for products
that contain simazine for use as an algaecide in swimming pools, hot
tubs, and whirlpool baths. EPA accepts and grants these requests for
voluntary cancellation, effective on April 15, 1994. Also, pursuant to
section 4(i)(5)(D) of FIFRA, EPA is cancelling the registrations of two
EZ-Clor Systems products and one N. Jonas Company product for failure
to pay their annual registration maintenance fees for those products.
The effective date for these section 4(i) cancellations is on April 15,
1994. Existing stocks of all the products subject to the cancellation
orders in this notice may not be sold, distributed, or used effective
on April 15, 1994, except for (1) sale or distribution up through the
channels of trade to the former registrant of that product, or (2) for
lawful disposal.
DATES: The cancellations shall be effective on April 15, 1994.
FOR FURTHER INFORMATION CONTACT: By mail: Jeff Morris, Special Review
Branch, Special Review and Reregistration Division (7508W), U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460. Office location and telephone number: Special Review Branch, 3rd
floor, 2800 Crystal Drive, Arlington, VA 22202, (703) 308-8029.
SUPPLEMENTARY INFORMATION:
I. Risks Posed by Simazine in Swimming Pools and Related Uses
Simazine, which is used primarily as an agricultural herbicide, is
also used as an algaecide in swimming pools, hot tubs, and whirlpools.
These pool-related uses account for less than 2 percent of total
simazine usage. In 1989, EPA classified simazine as a Group C possible
human carcinogen, and in August of 1993, EPA conducted a risk
assessment of simazine swimming pool algaecide products. The risk
assessment revealed unacceptable cancer and non-cancer health risks to
children and adults exposed to water treated with simazine algaecides.
EPA's risk assessment is based on laboratory animal studies. These
studies indicate that short-term exposure to simazine may result in
weight loss and reduced red blood cell count (anemia), which are
reversible effects when exposure is terminated. The studies also show
that exposure to simazine poses a potential risk of cancer.
II. Cancellations Pursuant to Voluntary Cancellation Requests
Under section 6(f)(1) of FIFRA, a registrant may request at any
time that EPA cancel a pesticide registration (7 U.S.C. 136d(f)(1)).
EPA must publish in the Federal Register a notice of receipt of the
request and allow public comment. The Administrator may waive the
comment period prior to issuing an order if the registrant requests a
waiver of the comment period, or if the continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
The three registrants of technical simazine -- Ciba-Geigy, Drexel
Chemical, and Oxon-Italia -- are not supporting the swimming pool/hot
tub/whirlpool bath simazine uses. None of Drexel Chemical's products
are registered for aquatic use, and Ciba-Geigy and Oxon-Italia ceased
supporting all aquatic uses prior to EPA's risk assessment. The
aquatic-use cancellation for Ciba-Geigy, the supplier of technical
simazine for the swimming pool and related products, became effective
on October 9, 1992.
After EPA completed its assessment of the risks of simazine in
swimming pools, it notified registrants of the cancer and non-cancer
risks associated with simazine pool use. In view of these risks, nine
of the thirteen end-use registrants agreed to request voluntary
cancellation with no allowance for the formulation, sale, distribution,
or use of existing product stocks. They also agreed to waive the
comment period typically associated with such requests for voluntary
cancellation. Because the nine companies voluntarily requested
cancellation and asked for a waiver of the comment period, EPA orders
the cancellations to become effective on April 15, 1994.
III. Cancellation For Maintenance Fee Nonpayment
Section 4(i)(5)(A) of FIFRA, requires each registrant of a
pesticide to pay an annual maintenance fee to keep its pesticide
registrations in effect (7 U.S.C. 136a(5)(A)). On January 15, 1994, the
fees were due for the following simazine algaecide products: 3432-52
(N. Jonas Co., registrant), and 8791-14 and 8791-41 (EZ-Clor Systems,
registrant). Both registrants responded to EPA's request for fee
payment by indicating that they would voluntarily cancel their product
registrations in lieu of paying the annual maintenance fee. This notice
therefore serves as the final cancellation order for those products.
IV. Existing Stocks
For purposes of this order, existing stocks are defined as those
stocks of simazine products for use in swimming pools, hot tubs, and
whirlpool baths that were in the United States and were packaged,
labeled, and released for shipment prior to April 15, 1994.
EPA has an established policy for determinations concerning the
sale, distribution, and use of existing stocks of cancelled pesticides
(June 26, 1991 (56 FR 29362)). That policy states that in cases where
EPA has identified a significant risk concern and the registration is
cancelled, EPA will make existing stocks determinations on a case-by-
case basis. In most cases EPA will not permit the continued sale,
distribution, or use of a cancelled product raising risk concerns
unless it can be demonstrated that the benefits exceed the risks. EPA
reserves the right to amend this existing stocks provision, should
conditions warrant such amendment.
EPA has determined that it will not allow further distribution,
sale, or use of existing stocks of any registered product subject to
this notice by any person, except for (1) sale or distribution up
through the chain of distribution to the former registrant of that
product, or (2) for lawful disposal. It is the responsibility of the
basic registrants to notify any and all supplementally registered
distributors of their product(s) that this cancellation order also
applies to their supplementally registered products. Registrants may be
held liable for violations committed by their distributors.
The swimming pool-related uses of simazine pose significant cancer
and non-cancer risk. Moreover, information submitted to EPA does not
demonstrate that the benefits of continued sale, distribution, and use
of existing stocks outweigh these risks. The benefits resulting from
the use of existing stocks appear negligible, in that there are more
than 250 non-simazine algaecide products available for pool-related
uses. The amount of formulated simazine product in the channels of
trade appears to be relatively small: registrants have indicated to EPA
that there are 66,000 pounds of granular product and 53,800 gallons of
liquid product in their possession or in the channels of trade. Of that
existing-stocks amount, 31,300 pounds is unformulated Ciba-Geigy
simazine product that Ciba-Geigy has agreed to buy back from the
registrants. Finally, EPA has taken steps that should have reduced the
amount of stocks currently in the hands of registrants, retailers, and
distributors. In December of 1993, EPA notified registrants of the
risks associated with the products and asked them to stop formulating,
selling, and distributing their products.
As a result of the cancellation order and existing stocks
determination, a product subject to this Notice may only be sold or
distributed if it is both: (1) packaged, labeled, and released for
shipment prior to April 15, 1994, and (2) sold or distributed (a) up
through the chain of distribution to the former registrant of the
product, or (b) for lawful disposal.
V. Registrations Subject to Cancellation Order
The registrations subject to this cancellation order are listed
below in Table 1.
Table 1. -- Registrations Subject To This Cancellation Order
------------------------------------------------------------------------
EPA Reg. No. Product Name Company Name
------------------------------------------------------------------------
3432-52*............... S-90 Algaecide N. Jonas & Co.
7364-23................ Algimycin 400 Great Lakes
Biochemical Co., Inc.
7364-39................ GLB Algimycin 600 Great Lakes
Biochemical Co., Inc.
8791-14*............... EZ-Clor Algi-Kleer EZ-Clor Systems
8791-41*............... Poly-Kleer 4000 EZ-Clor Systems
Algaecide
8959-35................ Wintertrine Winterizer Applied Biochemists
9610-12................ Algamaster II Algaecide Poolmaster, Inc.
11411-13............... Leslie's Algae Out Leslie's Swimming Pool
Supplies, Inc.
11411-14............... Leslie's Algae Control Leslie's Swimming Pool
II Supplies, Inc.
12014-58............... Poolcare Simazine Alga A & V, Inc.
Stop
42177-43............... Olympic Poly-Algazine York Chemical Corp.
30-35
42177-56............... Olympic Algazine 90 York Chemical Corp.
45309-39............... Swim Free 400 Algaecide Aqua Clear Industries
45309-40............... Swim Free Dry Granular Aqua Clear Industries
Winterizer
45309-45............... Swim Free Granular Aqua Clear Industries
Algaecide
54614-3................ Super Algyzine Western Purity
Biochemical, Inc.
58307-3................ Poolzine 90 Quantum Biochemical
Co., Inc.
------------------------------------------------------------------------
*Cancelled through non-payment of annual registration maintenance fees.
VI. Cancellation Order
I approve the cancellation of the above 17 products, as well as the
determination that from the date of this notice, all sale,
distribution, and use of the existing stocks of these products is
prohibited. Accordingly, this cancellation order shall become effective
on April 15, 1994. Effective on April 15, 1994, a product subject to
this notice may only be sold or distributed if it is both: (1)
packaged, labeled, and released for shipment prior to April 15, 1994,
and (2) sold or distributed (a) up through the chain of distribution to
the former registrant of the product, or (b) for lawful disposal.
List of Subjects
Environmental protection, Agricultural commodities, Pesticides and
pests.
Dated: April 5, 1994.
Douglas D. Campt,
Director, Office of Pesticide Programs.
[FR Doc. 94-9158 Filed 4-14-94; 8:45 am]
BILLING CODE 6560-50-F
