2019-17404. Product Cancellation Order for Certain Pesticide Registrations

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice.

SUMMARY:

This notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 of Unit II, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a May 29, 2019 Federal Register Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II to voluntarily cancel these product registrations. In the May 29, 2019 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received comments on the notice but none merited its further review of the requests. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

DATES:

The cancellations are applicable August 14, 2019.

FOR FURTHER INFORMATION CONTACT:

Christopher Green, Information Technology and Resources Management Division (7502P), 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-2019-0091, 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. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is [phone], and the telephone number for the OPP Docket is [phone]. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/​dockets.

II. What action is the Agency taking?

This notice announces the cancellation, as requested by registrants, of products registered under FIFRA section 3 (7 U.S.C. 136a). These registrations are listed in sequence by registration number in Table 1 of this unit.

Table 1—Product Cancellations

Registration No.	Company No.	Product name	Active ingredients
100-1222	100	Quadris S	Azoxystrobin.
279-3555	279	Nuance Herbicide	Tribenuron-methyl.
279-3559	279	Harass Herbicide	Thifensulfuron.
279-3561	279	Chisum Herbicide	Chlorsulfuron & Metsulfuron.
279-3562	279	Report Herbicide	Chlorsulfuron.
279-3573	279	Chi-Chlorsul NC-75 Herbicide	Chlorsulfuron.
279-9633	279	Ciramet Herbicide	Metsulfuron.
538-189	538	Turf Builder Plus Halts	Pendimethalin.
538-214	538	Proturf Fertilizer Plus Preemergent Weed Control	Pendimethalin.
1015-82	1015	Sanafoam Diquat	Diquat dibromide.
1043-26	1043	1-Stroke Environ	2-Benzyl-4-chlorophenol; 4-tert-Amylphenol & o-Phenylphenol (NO INERT USE).
1043-87	1043	Vesphene II SE	4-tert-Amylphenol & o-Phenylphenol (NO INERT USE).
1043-91	1043	LPH Master Product	4-tert-Amylphenol & o-Phenylphenol (NO INERT USE).
1043-92	1043	LPH SE	4-tert-Amylphenol & o-Phenylphenol (NO INERT USE).
1043-114	1043	Vesta-Syde Interim Instrument Decontamination Solution	4-tert-Amylphenol & o-Phenylphenol (NO INERT USE).
2749-582	2749	Novaluron EC Insecticide	Novaluron.
2749-583	2749	Novaluron Technical MUP	Novaluron.
19713-621	19713	Drexel Aquapen	Pendimethalin.
42750-66	42750	Gly Star Ready-To-Use Grass and Weed Killer	Glyphosate-isopropylammonium.
61282-59	61282	DC & R Disinfectant	Formaldehyde; Alkyl* dimethyl benzyl ammonium chloride *(67%C12, 25%C14, 7%C16, 1%C18) & 2-(Hydroxymethyl)-2-nitro-1,3-propanediol.
62719-12	62719	Telone C-17	Chloropicrin & Telone.
62719-457	62719	Asulam 400	Asulam, sodium salt.
71655-3	71655	Sodium Hypochlorite 12.5%	Sodium hypochlorite.
71655-4	71655	Sodium Hypochlorite	Sodium hypochlorite.
89442-44	89442	Prodiazone Select	Prodiamine & Sulfentrazone.
OR-080014	400	Comite	Propargite.
OR-080016	400	Comite	Propargite.
OR-080017	400	Comite	Propargite.
OR-080018	400	Comite	Propargite.
OR-080019	400	Comite	Propargite.
OR-080026	62719	Starane Ultra	Fluroxypyr 1-methylheptyl ester.
OR-080031	400	Acramite-4SC	Bifenazate.
OR-080033	400	Dimilin 2L	Diflubenzuron.
TN-130004	100	Boundary(R) 6.5EC Herbicide	Metribuzin & S-Metolachlor.
WA-130011	5481	Parazone 3SL Herbicide	Paraquat dichloride.
WA-140003	5481	Abba Ultra Miticide/Insecticide	Abamectin.

Table 2 of this unit includes the names and addresses of record for all registrants of the products in Table 1 of this unit, in sequence by EPA company number. This number corresponds to the first part of the EPA registration numbers of the products listed in Table 1 of this unit.

Table 2—Registrants of Cancelled Products

EPA company No.	Company name and address
100	Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419-8300.
279	FMC Corporation, 2929 Walnut Street, Philadelphia, PA 19104.
400	Macdermid Agricultural Solutions, Inc., C/O Arysta LifeScience North America, LLC, 15401 Weston Parkway, Suite 150, Cary, NC 27513.
538	The Scotts Company, 14111 Scottslawn Road, Marysville, OH 43041.
1015	Douglas Products and Packaging Company, LLC, D/B/A Douglas Products and Packaging, Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th Street Ct., NW, Gig Harbor, WA 98332.
1043	Steris Corporation, P.O. Box 147, St. Louis, MO 63166-0147.
2749	Aceto Agricultural Chemicals Corp., 4 Tri Harbor Court, Port Washington, NY 11050-4661.
5481	Amvac Chemical Corporation, 4695 Macarthur Court, Suite 1200, Newport Beach, CA 92660-1706.
19713	Drexel Chemical Company, P.O. Box 13327, Memphis, TN 38113-0327.
42750	Albaugh, LLC, P.O. Box 2127, Valdosta, GA 31604-2127.
61282	Hacco, Inc., 620 Lesher Place, Lansing, MI 48912.
62719	Dow AgroSciences, LLC, 9330 Zionsville Rd., Indianapolis, IN 46268-1054.
71655	BASF Corporation, 100 Park Avenue, Florham Park, NJ 07932.
89442	Prime Source, LLC, Agent Name: Wagner Regulatory Associates, Inc., P.O. Box 640, Hockessin, DE 19707.

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

The Agency received three public anonymous comments on the notice. For this reason, the Agency does not believe that the comments submitted during the comment period merit further review or a denial of the requests for voluntary cancellation

IV. Cancellation Order

Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby approves the requested cancellations of the registrations identified in Table 1 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Table 1 of Unit II are canceled. The effective date of the cancellations that are the subject of this notice is August 14, 2019. 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 May 29, 2019 (84 FR 24779) (FRL-9994-18). The comment period closed on June 28, 2019.

VI. Provisions for Disposition of Existing Stocks

Existing stocks are those stocks of registered pesticide products which are currently in the United States and which 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.

The registrants may continue to sell and distribute existing stocks of products listed in Table 1 of Unit II until August 14, 2019, which is 1 year after the publication of the Cancellation Order in the Federal Register. Thereafter, the registrants are prohibited from selling or distributing products listed in Table 1, except for export in accordance with FIFRA section 17 (7 U.S.C. 136o), or proper disposal. Persons other than the registrants may sell, distribute, or use existing stocks of products listed in Table 1 of Unit II until existing stocks 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: July 29, 2019.

Delores Barber,

Director, Information Technology and Resources Management Division, Office of Pesticide Programs.