[Federal Register Volume 59, Number 146 (Monday, August 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18751]
[[Page Unknown]]
[Federal Register: August 1, 1994]
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DEPARTMENT OF ENERGY
[OPP-66199; FRL-4904-1]
Notice of Receipt of Request for Cancellation, Announcement of
Cancellation Order, and FIFRA Section 6(g) Notification for Mevinphos
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice, pursuant to section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), announces EPA's
receipt and acceptance of a request from Amvac Chemical Corporation to
voluntarily cancel all registrations of pesticide products containing
mevinphos (2-carbomethoxy-1-methylvinyl dimethyl phosphate, alpha and
beta isomers) (trade name Phosdrin). EPA granted the request for
voluntary cancellation effective on July 1, 1994, and issued a
cancellation order to the registrant on the same date. The registrant
in its request for voluntary cancellation requested to waive the 90-day
public comment period. The Agency waived the 90-day comment period
based on the registrant's request and because it had determined that
the continued use of mevinphos poses an unreasonable risk of poisoning
to agricultural workers and bystanders. As of July 1, 1994, sale,
distribution, and use of canceled mevinphos products is permitted only
if such sale, distribution, or use is consistent with the terms of the
cancellation order. Pursuant to FIFRA section 6(g), any producer or
exporter, registrant, applicant for a registration, applicant or holder
of an experimental use permit, commercial applicator, or any person who
distributes or sells any pesticide, who possesses any pesticide
products containing mevinphos which are canceled through the order is
required to notify the Agency and appropriate State and local officials
of the quantity and location of canceled mevinphos in their possession
in accordance with the procedures, timeframes, and requirements set out
in this notice.
DATES: The cancellations became effective on July 1, 1994. Required
notification of possession of canceled products containing mevinphos:
(a) producers, exporters, the registrant, applicants for a
registration, applicants or holders of an experimental use permit,
dealers, distributors, and retailers must report its holdings of such
products by January 31, 1995, and (b) commercial applicators must
submit reports by March 28, 1995.
FOR FURTHER INFORMATION CONTACT: For voluntary cancellation: By mail:
Richard Dumas, Special Review Branch, Special Review and Reregistration
Division, Office of Pesticide Programs (7508W), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location and telephone number: 3rd floor, Crystal Station #1, 2800
Crystal Drive, Arlington, VA 22202, (703) 308-8015. For notification of
possession of canceled products and compliance issues: By mail: Chief,
Agriculture Branch, Agriculture and Ecosystems Division, Office of
Compliance, Office of Enforcement and Compliance Assurance (2225W),
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
Office location and telephone number: Crystal Station #1, 2800 Crystal
Drive, 5th Floor, Arlington, VA 22202, (703)308-8383. For RCRA
requirements for managing mevinphos as a waste: RCRA/Superfund
Industrial Assistance Hotline: 800-424-9346.
SUPPLEMENTARY INFORMATION: This notice is divided into two units. Unit
I concerns requests for voluntary cancellations submitted in response
to the Agency's determination that mevinphos poses unreasonable adverse
effects, outlines the Cancellation Order of July 1, 1994, and gives
detailed requirements regarding existing stocks of canceled mevinphos
products. These requirements concern the distribution, sale, export,
use and disposal of existing stocks of mevinphos. Unit II outlines the
additional requirement under FIFRA section 6(g) that affected persons
notify EPA, and the appropriate State and local officials, of canceled
products containing mevinphos that are in their possession (7 U.S.C.
136d(g)).
I. Cancellation Order for Mevinphos Registrations
A. Requests for Voluntary Cancellation
On June 30, 1994, Amvac Chemical Corporation, the sole registrant
of mevinphos pesticide products, submitted a voluntary cancellation
request in which it agreed to voluntarily cancel all mevinphos
registrations, immediately cease production of all mevinphos products
for sale, distribution, and use in the U.S., and set terms for the
sale, distribution, and use of existing stocks in the channels of
trade. This request was submitted on the same day EPA was prepared to
initiate action to suspend mevinphos product registrants under FIFRA
section 6(c), based on unreasonable risk of poisoning to mixer/loaders,
applicators, other farmworkers, and bystanders (7 U.S.C. 136d(c)).
The products for which cancellation was requested are listed in
Table 1 below which include all section 3 registrations and section
24(c) Special Local Needs registrations for mevinphos (7 U.S.C. 136a
and 136v(c)).
Table 1. Mevinphos Registrations
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Registration Number Product Name
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5481-113 Durham Duraphos EM-4
5481-114 Phosdrin IPA 4
5481-161 Phosdrin 10.3 WS Insecticide
5481-248 Phosdrin 400 (formerly Royal Brand
Phosdrin Insecticide Spray
Concentrate)
5481-411 Phosdrin Insecticide
5481-412 Phosdrin 4 EC Insecticide
5481-425 Mevinphos Insecticide Technical
CA80001800 Phosdrin 4 EC Insecticide (5481-412)
CA81000300 Phosdrin 4 EC Insecticide (5481-412)
CA86006300 Phosdrin 4 EC Insecticide (5481-412)
CA86007300 Phosdrin 4 EC Insecticide (5481-412)
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Under section 6(f)(1)(A) of FIFRA, registrants may request at any
time that EPA cancel any of their pesticide registrations (7 U.S.C. 136
d(f)(1)(A)). If the pesticide for which cancellation was requested is
registered for any minor agricultural use, section 6(f)(1)(C) dictates
that EPA publish in the Federal Register a notice of the receipt of the
cancellation request, and allow 90 days for public comment before
granting the request unless either the registrants request a waiver of
the 90-day period or the Administrator determines that the continued
use of the pesticide would pose an unreasonable adverse effect on the
environment (7 U.S.C. 136d(f)(1)(C)). The Agency has waived the 90-day
comment period based on the registrant's request and because it has
determined that the continued use of mevinphos poses an unreasonable
risk to mixer/loaders, applicators, other agricultural workers, and
bystanders. As part of its request, Amvac committed to conduct a
voluntary recall. This commitment is discussed in unit B below. The
Agency accepted Amvac's request for voluntary cancellation and issued a
cancellation order covering all products listed in Table 1, effective
on July 1, 1994.
B. Summary of the Cancellation Order
The terms of the cancellation order allow continued sale and
distribution of existing stocks of canceled products through December
31, 1994, and continued use through February 28, 1995, of such stocks
pursuant to the terms of prior approved labeling.
Any distribution, sale, or use of existing stocks of the products
listed in Table 1 that is not consistent with the terms of the Existing
Stocks Provision of the Cancellation Order will be considered a
violation of FIFRA section 12(a)(2)(K) and/or section 12(a)(1)(A) (7
U.S.C. 136a(1)(A) and (2)(K)).
For the purposes of the cancellation order, existing stocks are
those stocks of previously-registered mevinphos products as listed in
Table 1 which were in the United States and were packaged, labeled, and
released for shipment prior to the cancellation of the product's
registration on July 1, 1994. The existing stocks provisions are as
follows:
1. Distribution or sale. No person may distribute or sell existing
stocks of canceled mevinphos products after December 31, 1994.
Commercial applicators may apply mevinphos, in accordance to prior
approved labeling, through February 28, 1995.
2. Use of existing stocks. No person may use existing stocks of
canceled pesticide products containing mevinphos after February 28,
1995.
3. Recall of product in hands of distributors and dealers. The
registrant agreed to conduct a voluntary recall. The registrant must
develop and implement a recall program in accordance with a recall plan
that is acceptable to the Agency. Guidance for developing a voluntary
recall plan is located in the Agency's proposed rule on pesticide
management and disposal (58 FR 26856, May 5, 1993). All mevinphos
product in the hands of distributors and dealers after December 31,
1994, will be eligible for recall. As part of the recall program, the
registrant will contact all of its mevinphos distributors and make
reasonable efforts to contact mevinphos dealers to inform them of the
availability of the recall program and to inform them of the
availability of storage facilities to receive any of the registrant's
products which such dealers and distributors may have after December
31, 1994. As part of the recall, Amvac must pay the appropriate expense
for the recall conducted. Amvac agreed that if it fails to
appropriately develop and implement a voluntary recall program, EPA may
issue a mandatory recall order. Such recall order would be based on the
authority of the agreement between EPA and Amvac, and the cancellation
order.
4. Exception to prohibition of sale and distribution.
Notwithstanding any other provision of the cancellation order, the
transfer of canceled products to the registrant will be allowed if such
transfer is for the purpose of collecting products for disposal or
export. In order to be exported, such stocks must comply with the
labeling and purchaser acknowledgement requirements for unregistered
pesticides under FIFRA section 17(a) (7 U.S.C. 136 o(a)) and the
Agency's Export Policy and Procedures for Exporting Unregistered
Pesticides in 40 CFR part 168 subpart D. In addition, recordkeeping
requirements for exported pesticides in 40 CFR 169.2(h) apply. The
required procedures include the requirement that: Pesticide product be
labeled ``Not Registered for Use in the United States of America,''
certain label and labeling statements appear in English and in the
language(s) of the country(ies) of import, and that all exportations
meet the Foreign Purchaser Acknowledgement Statement (FPAS) procedures
described in 40 CFR 169.75. As stated in 40 CFR 168.75, FPASs must be
sent to: Environmental Protection Agency, Office of Pesticide Programs
(7501C), 401 M St., SW., Washington, DC 20460, and marked, ``Attention:
Purchaser Acknowledgement Statement.'' In addition to the labeling
requirements stated in 40 CFR 168.65, all exported products must be
labeled ``Not for Distribution, Sale or Use in the United States of
America.''
5. Disposal of canceled mevinphos product. Under Resource
Conservation and Recovery Act (RCRA) regulations, commercial chemical
products such as pesticides become ``solid wastes'' (and thus
potentially, hazardous wastes) at the point when a decision is made to
discard them. Once intended for disposal, the canceled mevinphos
pesticides that have become ``waste'' are regulated under RCRA. In
addition to the requirements governing disposal under RCRA, there may
also be State and local requirements applicable to the disposal of
mevinphos products. Persons are encouraged to contact their State and
local authorities regarding the safe disposal of mevinphos products.
Information on the correct waste classification of canceled mevinphos
products can be obtained from the registrant. For further information
about the RCRA requirements for managing mevinphos as a waste, contact
the RCRA/Superfund Industrial Assistance Hotline at: 800-424-9346.
II. Notification of Possession of Canceled Products as Required
Under FIFRA Section 6(g)
A. Pesticides Required to be Reported
Pursuant to FIFRA section 6(g), any producer or exporter,
registrant, applicant for a registration, applicant or holder of an
experimental use permit, commercial applicator, or any person who
distributes or sells any pesticide, who possesses any stocks of
canceled pesticide products containing mevinphos which has been
canceled under FIFRA section 6 (hereafter, referred to as ``affected
persons'') must notify EPA and appropriate State and local officials
of: (1) Such possession; (2) the quantity of suspended mevinphos
pesticide product possessed; and, (3) the place at which the suspended
mevinphos pesticide product is stored. The term ``affected person''
includes affected individuals, partnerships, associations,
corporations, or any organized group of persons whether incorporated or
not. Notification by affected persons to EPA and designated State and
local officials pursuant to FIFRA section 6(g) shall be in accordance
with the procedures, timeframes, and requirements set out in this
Notice. End-users, except commercial applicators, are not required to
report their stocks of canceled mevinphos products.
Pursuant to FIFRA section 6(g), affected persons must report the
information described below for canceled mevinphos pesticide products
which are in their possession as of December 31, 1994. Canceled
mevinphos product which is owned by one affected person, but in the
physical possession of another affected person who is subject to
section 6(g) reporting are to be reported by the person in physical
possession of the pesticide.
The Office of Management and Budget (OMB) has given approval for
the collection of information under FIFRA 6(g) and assigned the OMB
control number 2070-0109.
B. Information Which Must be Included in the Submission
To be in compliance with FIFRA section 6(g), affected persons must
submit to the designated EPA and State and local officials the
following information certified by a responsible company official as
true and correct:
1. The identity and address of the affected person (company).
2. Name and phone number of a contact person (in the company).
3. Indication that the FIFRA section 6(g) information is being
submitted for canceled pesticide products containing mevinphos.
4. The relationship of the affected person (company) to the
canceled mevinphos pesticide products being reported under FIFRA
section 6(g) (i.e., exporter, producer, registrant, applicant for
registration, applicant for or holder of an experimental use permit,
commercial applicator, distributor, retailer, etc.).
5. The street address of each location owned/leased or operated in
the United States by the submitter where the canceled mevinphos
pesticide product is held.
6. For each location listed, the quantity (pounds, gallons, or
other appropriate measure) of canceled mevinphos pesticide product
listed by the number of units of each size container (pound, gallons,
or other appropriate measure) and by EPA registration number (e.g., x
units of 5 gallon containers of EPA registration number xxx-xxx).
C. When to Report
Affected persons must submit FIFRA 6(g) information according to
the following timeframes:
1. The registrant of canceled mevinphos must report by January 31,
1995.
2. Producers, exporters, applicants for a registration, applicants
or holders of an experimental use permit, dealers, distributors, and
retailers, must report by January 31, 1995.
3. Commercial applicators must report by March 28, 1995.
4. Other end-users other than commercial applicators are not
required to report their possession of canceled products containing
mevinphos.
D. Where to Submit Section 6(g) Information
The FIFRA section 6(g) information is to be sent to each of the
following locations:
1. EPA. Chief, Agriculture Branch, Agriculture and Ecosystems
Division, Office of Compliance, Office of Enforcement and Compliance
Assurance (2225W), Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460, ``Attention: FIFRA Section 6(g) Information.''
2. State. Chief Pesticide Regulatory Official, of the agency in the
State government which enforces the State pesticide laws where the
canceled mevinphos pesticide product is stored. Envelopes must be
marked, ``Attention: FIFRA Section 6(g) Information.''
3. Local. Chair of the Local Emergency Planning Committee (LEPC),
for the location where the canceled mevinphos pesticide is stored.
Envelopes should be marked, ``Attention: Notification of Possession of
Canceled Pesticides.'' To identify the name and address of the chair of
the LEPC, contact the State Emergency Response Commission (SERC) or
call the Emergency Planning and Community Right-to-Know (EPCRA)
Information Hotline at 1-800-535-0202.
E. Confidentiality of FIFRA Section 6(g) Information
EPA does not consider FIFRA section 6(g) information to be
confidential business information (CBI) under the provisions of FIFRA
section 10. Such information may be made available by EPA to the public
without further notice.
F. Enforcement
Failure to submit complete and accurate FIFRA section 6(g)
information, and/or failure to submit accurate section 6(g) information
in the required timeframes is a violation of FIFRA section 12(a)(2)(K)
and violators may be subject to civil penalties up to $5,000 per
offense. Affected persons who possess canceled or suspended pesticide
in multiple locations may be fined up to $5,000 per offense for each
location for which the FIFRA section 6(g) information is not submitted,
submitted late, incomplete, or inaccurate.
Dated: July 27, 1994.
Daniel M. Barolo,
Director, Office of Pesticide Programs.
[FR Doc. 94-18751 Filed 7-29-94; 8:45 am]
BILLING CODE 6560-50-F
