[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