95-9166. Dichlorvos (DDVP); Deletion of Certain Uses and Directions  

  • [Federal Register Volume 60, Number 75 (Wednesday, April 19, 1995)]
    [Notices]
    [Pages 19580-19581]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-9166]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    [OPP-38511; FRL-4911-8]
    
    
    Dichlorvos (DDVP); Deletion of Certain Uses and Directions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice; Intent to delete certain dichlorvos (DDVP) uses.
    
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    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 a request from Amvac Chemical 
    Corp. of Los Angeles, CA, the sole technical registrant of dichlorvos, 
    for the amendment of its dichlorvos registrations through voluntary 
    deletion of the following uses from its technical (EPA Reg. No. 5481-
    96) and end-use labels, and a request to waive the 90-day comment 
    period on this notice: in or on domestic dwellings (except for 
    impregnated resin strips, total-release foggers, crack and crevice 
    applications, and spot applications); rangeland grasses; greenhouses; 
    tomatoes; tobacco; tobacco warehouses; food service establishments 
    (except nonfood-handling areas); food-manufacturing establishments: 
    bottling plants (including wineries, breweries, and soft drink plants), 
    frozen food plants (including pizza plants and ice cream plants) 
    (except nonfood-manufacturing areas); food-processing establishments: 
    meat, poultry, and seafood slaughtering and/or packing plants 
    (including those for edible fats and oils), frozen food plants 
    (including those for fruits and vegetables), dairy product plants 
    (including milk-processing plants) (except nonfood-processing areas); 
    all aerial applications; and aircraft and buses. EPA intends to approve 
    the proposed amendments at the close of the comment period unless Amvac 
    withdraws or amends its request.
    
    DATES: Written comments must be submitted on or before May 19, 1995.
    
    ADDRESSES: Submit written comments in triplicate, identified by the 
    docket control number, [OPP-38511], to: Public Response and Program 
    Resources Branch, Field Operations Division (7506C), Office of 
    Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
    Washington, DC 20460. In person, deliver comments to: Rm. 246, CM #2, 
    1921 Jefferson Davis Hwy., Arlington, VA.
    
    FOR FURTHER INFORMATION CONTACT: By mail: Dennis Utterback, Special 
    Review and Reregistration Division (7508C), Environmental Protection 
    Agency, 401 M St., SW., Washington, DC 20460. Office location and 
    telephone number: Special Review Branch, third floor, Crystal Station 
    #1, 2805 Jefferson Davis Hwy., Arlington, VA, (703)-308-8026; e-mail: 
    utterback.dennis@epamail.epa.gov.
    
    SUPPLEMENTARY INFORMATION: This notice provides background on Agency 
    actions regarding dichlorvos, lists the uses Amvac Chemical Corp. is 
    proposing to delete and the uses it intends to support, and states the 
    provisions for existing stocks.
    
    I. Introduction
    
        Dichlorvos is the commonly accepted name for 2,2-dichlorovinyl 
    dimethyl phosphate, an organophosphate insecticide. Technical 
    dichlorvos is produced by Amvac Chemical Corp. (Amvac) and is available 
    as a 99.99% active ingredient technical product for formulating 
    dichlorvos end-use products. Dichlorvos is a contact and stomach poison 
    with fumigant action resulting in cholinesterase inhibition. Dichlorvos 
    is used in the formulation of insecticide products for a wide range of 
    uses in home and commercial establishments, as aerosols, liquid sprays, 
    wettable powders, emulsifiable concentrates, soluble concentrates, 
    pour-ons, granulars, and impregnated materials (resin strips and flea 
    collars).
        There are two ongoing activities which may affect the proposed use 
    deletions specified in this notice: the dichlorvos Special Review and 
    the pending revocation of the pesticide food additive regulation for 
    packaged and bagged processed nonperishable food. Anyone interested in 
    retaining these uses proposed for deletion in this notice should be 
    aware that future action by EPA resulting from the Special Review or 
    food additive regulation revocation may alter the status of one or more 
    dichlorvos uses.
        On February 24, 1988, EPA initiated a Special Review (previously 
    referred to as an RPAR) for pesticide products containing dichlorvos. 
    EPA determined that exposure to dichlorvos from the registered uses may 
    pose an unreasonable carcinogenic risk and inadequate margins of 
    exposure for cholinesterase inhibition to exposed individuals. The 
    risks of concern detailed in the 1988 notice were for the general 
    population from consumption of foods containing residues of dichlorvos, 
    for those involved in the application of dichlorvos, for workers 
    reentering treated areas, for residents/occupants of treated areas, for 
    people exposed to pets treated with dichlorvos, and for pets treated 
    with dichlorvos. EPA expects to issue a proposed determination, as a 
    result of the Special Review, in 1995.
        In the Federal Register of October 3, 1991 (56 FR 50190), EPA 
    proposed under section 409 of the Federal Food, Drug and Cosmetic Act 
    (FFDCA) to revoke the food additive regulation for residues of the 
    pesticide dichlorvos in or on packaged or bagged nonperishable 
    processed food. The final rule revoking the food additive regulation 
    was published on November 10, 1993, with an effective date of 120 days 
    later. EPA later stayed the effective date indefinitely, pending Agency 
    consideration of a petition from Amvac. This revocation remains stayed. 
    If this action becomes effective it will mean the packaged and bagged 
    processed nonperishable food treated with dichlorvos will likely be 
    adulterated under FFDCA and the food may not be legally sold. However, 
    a food additive regulation revocation by itself would not prohibit the 
    legal sale or use of dichlorvos, under FIFRA, on packaged and bagged 
    processed nonperishable food. To rectify this situation, EPA intends to 
    cancel the related uses as soon as possible after any food additive 
    regulation revocation becomes final.
    
    II. Deleted Uses
    
        Amvac Chemical Corp., the sole registrant of the technical grade of 
    the active ingredient dichlorvos, has requested to amend its dichlorvos 
    registrations by deleting all uses and directions for use in or on 
    domestic dwellings (except for impregnated resin strips, total-release 
    foggers, crack and crevice applications, and spot applications); 
    rangeland grasses; greenhouses; tomatoes; tobacco; tobacco warehouses; 
    food service establishments (except nonfood-handling areas); food-
    manufacturing establishments: bottling plants (including wineries, 
    breweries, and soft drink plants), frozen food plants (including pizza 
    plants and ice cream plants) (except nonfood-manufacturing areas); 
    food-processing establishments: meat, poultry, and seafood slaughtering 
    and/or packing plants (including those for edible fats and oils), 
    frozen food plants (including those for fruits and vegetables), dairy 
    product plants (including milk- [[Page 19581]] processing plants) 
    (except nonfood-processing areas); all aerial applications; and 
    aircraft and buses.
    
    III. Uses Supported
    
        Amvac, manufacturer of technical-grade dichlorvos, is supporting 
    the following uses under reregistration. A detailed technical label 
    will be sent to every dichlorvos registrant to provide guidance as to 
    the specific uses that can be formulated from this technical product. 
    The only uses for which this product could be used to formulate end-use 
    products would be as follows:
    
    Domestic Uses
    
        Use of impregnated resin pest strip in campers, trailers, homes, 
    cabins, garages, basements, and garbage cans. Use of total-release 
    fogger (less than 1% active ingredient) in homes, cabins, garages, and 
    basements. Use of total- release fogger (greater than 1% active 
    ingredient) and nontotal-release aerosol in homes, cabins, garages, and 
    basements only by a licensed pest control operator (PCO). Use of 
    nontotal-release fogger and liquid formulations only by PCO in domestic 
    dwellings. Dog and cat flea collars.
    
    Agricultural Uses
    
        Use of impregnated resin pest strip over nonperishable packaged and 
    bagged or bulk stored raw and processed commodities. Use of impregnated 
    resin strip and total-release fogger (less than 1% active ingredient) 
    in animal buildings and dairy milk rooms. Use of commercial aerosol/
    foggers only by PCO in warehouses, silos, bulk bins, and in food-
    processing, food-manufacturing, and food-handling and storage plants 
    containing nonperishable packaged or bagged or bulk raw or processed 
    food commodities and the nonfood areas of these sites. Liquid 
    formulations for a variety of agricultural uses including animal 
    premises and direct livestock animal treatment. Liquid formulations for 
    use in mushroom houses and only for use by PCO. Liquid formulations for 
    use only in commercial application equipment for space treatment and 
    for use by PCO in warehouses, silos, bulk bins and food-processing, 
    food-manufacturing, and food service establishments containing 
    nonperishable, packaged, or bagged raw or processed food commodities or 
    bulk raw or processed food commodities, and non-food handling areas. 
    Use of nontotal-release aerosol only by PCO in animal buildings and 
    dairy barns (milk rooms).
    
    Other Uses
    
        Use of impregnated dispenser in enclosed outdoor utility equipment. 
    Use of impregnated resin pest strip in museum collections, insect 
    traps, garbage cans, catch basins, and trash dumpsters. Use of total-
    release fogger (greater than 1% active ingredient) and only by PCO in 
    warehouses, railroad cars, theaters, and industrial plants. Liquid 
    formulations for crack and crevice use only (not space spray) and only 
    by PCO in nonfood areas of commercial, industrial, and institutional 
    sites, kennels, outside surfaces of buildings, refuse dumps, refuse and 
    solid waste containers, and wine cellars. Liquid formulations only for 
    veterinary use for direct application to domestic animals.
    
    IV. Scope of this Notice
    
        This notice pertains to all Amvac end-use registrations and 
    technical registrations. On the effective date of this document, Amvac 
    must delete the appropriate uses from its labels. Since Amvac is the 
    sole registrant of the technical-grade dichlorvos, there will no longer 
    be a manufacturing use product available from which to formulate any 
    dichlorvos-registered products for the uses Amvac is requesting to 
    delete, unless Amvac withdraws its request. End-use registrants are 
    being notified by certified mail of Amvac's decision to delete these 
    uses. End-use registrants who purchase technical dichlorvos with a 
    revised label may only formulate their products for the uses allowed on 
    the technical label. For purposes of public information, Amvac will 
    allow dichlorvos to be formulated for those uses listed in Section III 
    of this notice. Any registrant that does not change its label to 
    conform to the new technical label will be in violation of FIFRA. If 
    any of the end-use registrants (or any other persons) desire to retain 
    any of the uses for which deletion is requested, they are encouraged to 
    contact Amvac to seek retention of that use. EPA intends to approve the 
    proposed amendments at the close of the comment period unless Amvac 
    withdraws or amends its request. The following list specifies the 
    registrations affected by this notice: 5481-9, 5481-13, 5481-41, 5481-
    73, 5481-96, 5481-200, 5481-201, 5481-202, 5481-203, 5481-204, 5481-
    205, 5481-206, 5481-207, 5481-208, 5481-216, 5481-217, 5481-220, 5481-
    240, 5481-241, 5481-334, 5481-338, 5481-340, 5481-341, 5481-342, 5481-
    343, 5481-344, 5481-345, 5481-346, 5481-347, 5481-348.
    
    V. Existing Stocks Provisions
    
        Under the authority of FIFRA section 6(a)(1), EPA will establish 
    certain limitations on the distribution and use of existing stocks of 
    dichlorvos products subject to any final cancellation notice. EPA 
    defines the term ``existing stock'' to mean any quantity of dichlorvos 
    products in the United States on the effective date an application for 
    amendment of registration is granted by the Agency. Such existing 
    stocks include dichlorvos products that have been formulated, packaged, 
    and labeled and are being held for shipment or release or have been 
    shipped or released into commerce.
        The Agency will permit Amvac to sell and distribute existing stocks 
    of products with current labels for up to 1 year after the effective 
    date of an amendment. Any sale or distribution of such products by 
    Amvac after that 1-year period which do not bear labeling consistent 
    with any amendment granted pursuant to this notice will be a violation 
    of federal law. Any existing stocks remaining in the possession of all 
    other persons after 1 year may continue to be sold, distributed, and 
    used until such existing stocks are exhausted.
        EPA reserves the right to amend this existing stocks provision 
    should conditions warrant such amendment. Users need to be aware that 
    it is their responsibility to determine whether residues of dichlorvos-
    treated food will result in illegal residues under FFDCA.
    
    VI. Comments
    
        Persons interested in commenting on the proposed use deletions are 
    invited to submit their written comments on or before May 19, 1995 to 
    the address given above. Registrants should be aware that EPA will 
    consider these comments in the context of other ongoing Agency 
    activities relating to dichlorvos.
    
    List of Subjects
    
        Environmental protection, Agricultural commodities, Pesticides and 
    pests.
    
        Dated: April 7, 1995.
    
    Daniel M. Barolo,
    Director, Office of Pesticide Programs.
    
    [FR Doc. 95-9166 Filed 4-18-95; 8:45 am]
    BILLING CODE 6560-50-F
    
    

Document Information

Published:
04/19/1995
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice; Intent to delete certain dichlorvos (DDVP) uses.
Document Number:
95-9166
Dates:
Written comments must be submitted on or before May 19, 1995.
Pages:
19580-19581 (2 pages)
Docket Numbers:
OPP-38511, FRL-4911-8
PDF File:
95-9166.pdf