Chlorpyrifos; Receipt of Requests For End-Use Product Amendments
and Cancellations
[Federal Register: November 17, 2000 (Volume 65, Number 223)]
[Notices]
[Page 69518-69524]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no00-43]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-34203E; FRL-6753-3]
Chlorpyrifos; Receipt of Requests For End-Use Product Amendments
and Cancellations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Companies that hold the pesticide registrations of enduse
pesticide products containing chlorpyrifos [O,O-diethyl O-(3,5,6-
trichloro-2-pyridinyl)phosphorothioate] have asked EPA to cancel or
amend their registrations. Pursuant to section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is announcing
the Agency's receipt of these requests from the registrants. These
requests for voluntary cancellation and amendment are the result of a
memorandum of agreement signed by EPA and the basic manufacturers of
the active ingredient chlorpyrifos on June 7, 2000. Registrants
identified in this notice requesting voluntary cancellation and
amendments are in large part the customer of these basic manufacturers.
Given the potential risks, both dietary and nondietary, that
chlorpyrifos use poses, especially to children, EPA intends to grant
the requested cancellations and amendments to delete uses. EPA also
plans to issue a cancellation order for the deleted uses and the
canceled registrations at the close of the comment period for this
announcement. Upon the issuance of the cancellation order, any
distribution, sale, or use of chlorpyrifos products will only be
permitted if such distribution, sale, or use is consistent with the
terms of that order.
DATE: Comments must be received on or before December 18, 2000.
Comments on the requested amendments to delete uses and the requested
registration cancellations must be submitted to the address provided in
ADDRESSES and identified by docket control number OPP-34203E.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper
receipt by EPA, it is imperative that you identify docket control
number OPP-34203E in the subject line on the first page of your
response.
FOR FURTHER INFORMATION CONTACT: Tom Myers, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (703) 308-8589; fax number:
(703) 308-8041; e-mail address: myers.tom@epa.gov.
SUPPLEMENTARY INFORMATION: This announcement consists of three parts.
The first part contains general information. The second part addresses
the registrants' requests for registration cancellations and amendments
to delete uses. And the third part proposes existing stock provisions
that will be set forth in the cancellation order that the Agency
intends to issue at the close of the comment period for this
announcement.
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general. You may be
potentially affected by this action if you manufacture, sell,
distribute, or use chlorpyrifos products. The Congressional Review Act,
5 U.S.C. 801 et seq., as added by the Small Business Regulatory
Enforcement Fairness Act of 1996, does not apply because this action is
not a rule, for purposes of 5 U.S.C. 804(3). Since other entities may
also be interested, the Agency has not attempted to describe all the
specific entities that may be affected by this action. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Get Additional Information, Including Copies of this
Document and Other Related Documents?
1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations,'' ``Regulations and Proposed Rules'' and then look up the
entry for this document under the ``Federal Register--Environmental
Documents.'' You can also go directly to the Federal Register listings
at http://www.epa.gov/fedrgstr/. To access information about the risk
assessment for chlorpyrifos, go to the Home Page for the Office of
Pesticide Programs or go directly http://www.epa.gov/pesticides/op/
chlorpyrifos.htm.
2. In person. The Agency has established an official record for
this action under docket control number OPP-34203E. The official record
consists of the documents specifically referenced in this action, any
public comments received during an applicable comment period, and other
information related to this action, including any information claimed
as Confidential Business Information (CBI). This official record
includes the documents that are physically located in the docket, as
well as the documents that are referenced in those documents. The
public version of the official record does not include any information
claimed as CBI. The public version of the official record, which
includes printed, paper versions of any electronic comments submitted
during an applicable comment period, is available for inspection in the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
PIRIB telephone number is (703) 305-5805.
C. How and to Whom Do I Submit Comments?
You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is imperative that
you identify docket control number OPP-34203E in the subject line on
the first page of your response.
1. By mail. Submit your comments to: Public Information and Records
Integrity Branch (PIRIB), Information Resources and Services Division
(7502C), Office of Pesticide Programs (OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
2. In person or by courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Information Resources
and Services Division (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB
telephone number is (703) 305-5805.
3. Electronically. You may submit your comments electronically by
email to: opp-docket@epa.gov, or you can submit a computer disk as
described above. Do not submit any information electronically that you
consider to be
[[Page 69519]]
CBI. Avoid the use of special characters and any form of encryption.
Electronic submissions will be accepted in WordPerfect 6.1/8.0 or ASCII
file format. All comments in electronic form must be identified by
docket control number OPP-34203E. Electronic comments may also be filed
online at many Federal Depository Libraries.
D. How Should I Handle CBI that I Want to Submit to the Agency?
Do not submit any information electronically that you consider to
be CBI. You may claim information that you submit to EPA in response to
this document as CBI by marking any part or all of that information as
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. In addition to one complete
version of the comment that includes any information claimed as CBI, a
copy of the comment that does not contain the information claimed as
CBI must be submitted for inclusion in the public version of the
official record. Information not marked confidential will be included
in the public version of the official record without prior notice. If
you have any questions about CBI or the procedures for claiming CBI,
please consult the person listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you
used that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the notice or collection
activity.
7. Make sure to submit your comments by the deadline in this
notice.
8. To ensure proper receipt by EPA, be sure to identify the docket
control number assigned to this action in the subject line on the first
page of your response. You may also provide the name, date, and Federal
Register citation.
II. Receipt of Requests To Cancel and Amend Registrations To Delete
Uses
A. Background
In a memorandum of agreement (Agreement) effective June 7, 2000,
EPA and the basic manufacturers of the active ingredient chlorpyrifos
agreed to several voluntary measures that will reduce the potential
exposure to children associated with chlorpyrifos containing products.
EPA initiated the negotiations with registrants after finding
chlorpyrifos, as currently registered, was an exposure risk especially
to children. As a result of the Agreement, registrants that hold the
pesticide registrations of end-use products containing chlorpyrifos
(who are in large part the customer of these basic manufacturers) have
asked EPA to cancel or amend their registrations for these products.
Pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is announcing the Agency's receipt of
these requests from the registrants. With respect to the registration
amendments, the registrants have asked EPA to amend end-use product
registrations to delete the following uses: All termite control uses
(these will be phased out); all residential uses (except for ant and
roach baits in child resistant packaging (CRP) and fire ant mound
drenches for public health purposes by licensed applicators and
mosquito control for public health purposes by public health agencies);
all indoor non-residential uses (except ship holds, industrial plants,
manufacturing plants, food processing plants, and containerized baits
in CRP); all outdoor non-residential sites (except golf courses, road
medians, industrial plant sites, nonstructural wood treatments, and
fire ant mound drenches for public health purposes by licensed
applicators and mosquito control for public health purposes by public
health agencies); and use on post-bloom apple trees. In addition, the
companies agreed to limit the maximum chlorpyrifos end-use dilution to
0.5% active ingredient (a.i.) for termiticide uses that will be phased
out, limit the maximum label application rate for outdoor non-
residential use on golf courses, road medians, and industrial plant
sites to 1 lb/a.i. per acre, and either classify all new/amended
chlorpyrifos products (except baits in CRP) as Restricted Use or
package the products in large containers, depending on the formulation
type, to ensure that remaining chlorpyrifos products are not available
to homeowners. In return, EPA stated that with this Agreement, it had
no current intention to initiate any cancellation or suspension
proceedings under section 6(b) or 6(c) of FIFRA with respect to the
issues addressed in the Agreement.
EPA previously published on September 20, 2000 a Federal Register
Notice (65 FR 56886) (FRL-6743-7) announcing receipt of amendments and
cancellations for manufacturinguse products and associated enduse
products for signatories of the Memorandum of Agreement that was signed
on June 7, 2000 and subsequent ancillary agreements. A copy of the
Memorandum of Agreement that was signed on June 7, 2000 is located in
docket control number OPP-34203D.
B. Requests for Voluntary Cancellation of End-Use Products
Pursuant to the Agreement and FIFRA section 6(f)(1)(A), several
registrants have submitted requests for voluntary cancellation of
registrations for their end-use products. The registrations for which
cancellations were requested are identified in the following Table 1.
Table 1.-End-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
Company Reg. No. Product
------------------------------------------------------------------------
Verdant Brands, Inc 70-178 Dursban 1/2G
Granular
Insecticide
70-180 Dursban Lawn &
Ornamental Spray
70-184 Kill-Ko Dursban 1G
Granular
Insecticide
70-228 Home Pest Insect
Killer
70-232 Rigo Dursban 2EC
Liquid Insecticide
70-255 Rigo Home Pest
Control
70-286 Rigo Dursban 1E
Insecticide
70-290 Rigo's Best Termite
Killer
Dexol, A Division of Verdant 192-141 Dexol Dexa-Klor
Brands, Inc Granules Soil
Insect Control
192-142 Dexol Dexa-Klor
Insect Spray
192-151 Dexol Dexa-Klor
Pest Control
Indoor Insect
Killer
[[Page 69520]]
192-171 Dexol Roach,
Cricket and Spider
Dust
192-173 Dexol Termite and
Lawn Insect Killer
192-180 Dexol Dursban
Granules Insect
Control
192-192 Dexol Predator Home
Insect Killer II
Whitmire Micro-Gen Research 499-147 Whitmire PT 270
Laboratories, Inc. Dursban
499-256 Whitmire
Chlorpyrifos
Pressurized
Residual Spray
499-270 Whitmire 1-12
Insecticide
499-292 Whitmire PT 279
Engage Residual
Injection System
499-315 Whitmire Duration
PT 275
499-317 Whitmire 1-6
Insecticide
499-364 Whitmire PT 1900
Total Release
Insecticide
499-379 Whitmire PT 479
Regulator
499-423 Whitmire TC-135
Chlorpyrifos MC
499-424 Whitmire TC-160
Microencapsulated
Termiticide
499-448 Whitmire TC 151
Bait
Walco-Linck Company 506-158 TAT Flea & Tick
Killer with
Residual Action
506-164 TAT Roach & Ant
Killer II
The Scotts Company 538-69 Scotts Western Lawn
Insect Control
538-94 Scotts Western Lawn
Insect Control
Plus Fertilizer
538-140 Summer Insect and
Disease Control
Plus Lawn
Fertilizer
538-153 Scotts Proturf
Insect Control
Plus Fertilizer
538-154 Scotts Summer
Insect Control
Plus Fertilizer
For Lawns
Rockland Corporation 572-213 Rockland
Insecticide for
Wood Destroying
Pests
572-219 Rockland Super
Professional
Dursban Chinch Bug
Killer
Indy Specialty Products, Inc. 654-131 Klor-Ban
Concentrate
Prentiss Incorporated 655-577 Prentox Residual
Insect Spray #2
655-739 Prentox Pyrifos 0.5
Water Base
Insecticide
655-743 Prentox Pyrifos 1E
The Garden Grow Company 802-530 Lilly/Miller
Chlorban Insect
Spray
802-532 Lilly/Miller
Chlorban Insect
Granules
802-560 Lilly/Miller 1%
Chlorban Insect
Granules
802-595 Lilly/Miller Hose'n
Go Ant, Flea &
Tick Killer
Southern Agricultural 829-250 Home & Garden Home
Insecticides, Inc. Pest Control Spray
829-281 SA-50 Brand Home
Pest Control
Concentrate
Green Light Company 869-158 Green Light Dursban
Granules
869-168 Green Light Many
Purpose Dursban
Granules
869-172 Green Light Borer
Killer II
869-184 Green Light Fire
Ant Killer
869-185 Green Light House
Plant Spray II
869-191 Green Light Indoor
Flea & Tick Spray
869-205 Green Light Ready-
to-Use Fire Ant
Mound Drench
869-209 Green Light Dursban
5% Granules
869-210 Green Light Double
Dursban Granules
869-221 Green Light Many
Purpose Dursban
Concentrate II
The Garden Grow Company 909-94 Cooke Act Plus Lawn
Insecticide
909-108 Cooke Ant Barrier
Agriliance 1381-149 Green Velvet Lawn
Food Plus Insect
Control
Universal Cooperatives, Inc. 1386-627 Red Panther Dursban
Granular Turf and
Lawn Insecticide
1386-628 Red Panther Dursban
1
1386-659 Agway Insect Spray
I. Schneid 2155-127 KR-24
PBI/Gordon Corporation 2217-646 Gordon's Dursban
Turf Insecticide
Sergeant's 2517-52 Sergeant's Flea &
Tick Collar
2517-57 Sergeant's Fast-
Acting Flea & Tick
Collar for Dogs
Hartz 2596-135 Hartz 330 Day Flea
& Tick Collar for
Dogs
Wellmark International 2724-327 Zoecon RF-150 Yard
and Kennel Spray
2724-486 Arthitrol 0.5%
Dursban (Granular)
Ant and Roach Bait
Coyne Chemical Company 3050-136 Coyne Formula No.
101
ABC Compounding 3862-93 Assault
3862-126 WB Residual
Pressurized Spray
BETCO 4170-78 RA26 Residual
Insecticide Spray
Combe Incorporated 4306-15 Sulfodene Scratchex
Flea and Tick
Collar for Dogs
Pet Chemicals 4758-135 Holiday Flea & Tick
Killer
S.C. Johnson & Son, Inc. 4822-152 Raid Treatment for
Crawling Insects
4822-189 Raid Liquid Roach &
Ant Killer Formula
I
4822-226 Raid Tree Guard
Spray
4822-230 Raid Outdoor Flea
Killer
4822-231 Raid Gypsy Moth &
Japanese Beetle
Killer II
4822-232 Raid Gypsy Moth &
Japanese Beetle
Killer
4822-236 Raid Tree Guard
Spray Formula II
4822-238 Raid Home Insect
Killer Formula II
4822-263 Raid Fire Ant
Killer
[[Page 69521]]
4822-264 Raid Fire Ant
Killer Formula 2
4822-275 Raid Outdoor Insect
Killer
4822-382 Raid Wasp & Hornet
Killer
4822-390 Raid Wasp & Hornet
Killer Formula XII
4822-402 Raid Max Roach Bait
III
4822-412 Raid Wasp & Hornet
Killer ND
4822-451 Raid Wasp & Hornet
Killer AD
4822-498 PA Formula #2
Verdant Brands, Inc 5887-144 Black Leaf Dursban
5887-177 Ready-to-Use Ant,
Roach, Flea and
Spider Spray
Midco Products Company, Inc. 6658-42 Pyreban-3
Carl Pool Products 6926-11 Carl Pool Lawn and
Turf Food Plus
Dursban 15-5-10
Cessco, Inc. 6959-73 Cessco ID Residual
Insecticide
Carter-Wallace, Inc. 8220-38 Victory 12 Full
Year Collar with
Dursban
Insecticide for
Large Dogs
8220-39 Victory II Full
Season Cat Collar
Robinson Associates 8278-6 Metro (Tested)
Soildrin D
Pursell Industries, Inc. 8660-10 Sta-Green Law Pest
Control &
Fertilizer 25-3-3
8660-13 Sta-Green Lawn Pest
Control &
Fertilizer A
8660-14 Sta-Green Lawn Pest
Control &
Fertilizer B
8660-78 Dursban Lawn Insect
Control
8660-88 Dursban Granules
8660-94 Green Up Insect &
Grub Control with
Dursban
8660-97 Dursban 4E
Insecticide
8660-102 Dursban Plus
8660-108 VertaGreen Dursban--
DDVP 1.25 Turf
Insecticide
8660-109 VertaGreen Dursban--
DDVP 2.50 Turf
Insecticide
8660-110 VertaGreen Home
Pest Killer
8660-122 Lawn & Ornamental
Insect Spray
Concentrate
8660-123 Vertagreen Dursban
0.5% Granules
8660-152 VertaGreen
Professional Turf
Food with Dursban
8660-177 Golden Vigoro
Insect Control
Plus Lawn
Fertilizer
8660-182 Green Turf Lawn
Food with Insect
Control
8660-193 Ideal 18 Insect
Control Plus Lawn
Fertilizer
8660-194 Ideal 20 Insect
Control Plus Lawn
Fertilizer
8660-195 Ideal 25 Insect
Control Plus Lawn
Fertilizer
8660-203 Koos Dursban 1.00
Granules
8660-213 Par Ex Slow Release
Fertilizer Plus
Insect Control
8660-232 Vigoro 2.32
Insecticide
Granules
8660-239 Vigoro Granular
Cinch Bug Control
8660-240 Vigoro Insect
Control Plus Lawn
Fertilizer for
Texas Turf
Sherwin-Williams Company 10900-67 858 P.D. Aqueous
Roach & Ant Spray
Illinois Tool Works, Inc. 11694-91 Duramist
Speer Products Incorporated 11715-70 Speer Roach & Ant
Killer
11715-97 Magic Guard Dursban
Ant & Roach
Pressurized Spray
11715-99 Magic Guard Ant &
Roach Killer
11715-110 Mug-A-Bug
Professional
Strength
Insecticide
11715-132 Better World Ready-
to-use Insecticide
11715-133 Mug-A-Bug II
Professional
Strength
Insecticide
11715-139 SPI Spot Treatment
Spray
11715-142 SPI Ant & Roach
Spray
11715-163 Speer Transparent
Emulsion Spray
0.1% + 0.5%
11715-298 Pro-Tect Home Pest
Control
11715-299 Speer Point Five
Chlorpyrifos
Aerosol
11715-306 Speer Cyfluthrin
Flea Killer
11715-312 Speer D-Trans
Residual Spray
with Nylar
11715-324 SPI Chlorpyrifos
Wasp & Hornet
Spray
11715-326 SPI Chlorpyrifos
Pet Area Treatment
with Nylar
11715-327 Security Granulated
Chinch Bug Killer
Louisiana Chemical USA, Inc. 11746-15 Davis Kill-A-Bug XI
11746-16 Davis Kill-A-Bug
XII
Rainbow Technology Corporation 13283-8 Rainbow Insect
Control
13283-15 Rainbow Liquid RTU
Fire Ant Killer
Positive Formulators, Inc. 26693-3 6 Months Pest
Control
26693-5 Killmaster II CC
Unicorn Laboratories 28293-35 Unicorn 30 Flea
Spray
28293-49 Unicorn Yard &
Kennel Spray
Concentrate
28293-103 Unicorn House &
Carpet Spray WB
28293-104 Unicorn Dursban
Household
Insecticide
28293-211 Termi-Chlor Termite
Concentrate
28293-321 Dursban 1EC
Insecticide
PBI/Gordon Corporation 33955-540 Acme Ant Granules
Contains Dursban
Insecticide
[[Page 69522]]
33955-547 Acme Dursban
Insecticide for
Lawns &
Ornamentals
33955-550 Acme Roach-Rid
Brand Home Pest
Killer
Pet Chemicals 37425-10 Adams Surface Spray
37425-24 Adams Lawn and
Kennel Spray
Concentrate
Morgro, Inc. 42057-100 Dursban (R)
Insecticide
CCL Industries Inc. 46813-38 CCL Crawling Insect
Killer I
46813-42 CCL Insecticide
Foam Spray I
Marman USA, Inc. 48273-16 Agroban 4E
Gro Tec, Inc. 59144-8 Ant, Flea & Tick
Granules
59144-9 Green Charm Dursban
1% Granules
59144-37 R & M Yard & Kennel
Spray Concentrate
Kop-Coat, Inc. 60061-106 Woodlife B Clear
Wood Preservative
Contract Packaging, Inc. 67572-53 CP Flea and Brown
Dog Tick Granules--
S.F.
Speer Products Incorporated 68688-3 Elite Yard & Kennel
Spray
68688-40 Elite Dursban 1-12-
R144 Insecticide
------------------------------------------------------------------------
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that EPA cancel any of their pesticide registrations. Section
6(f)(1)(B) of FIFRA requires that EPA provide a 30-day period in which
the public may comment before the Agency may act on the request for
voluntary cancellation. In addition, section 6(f)(1)(C) of FIFRA
requires that EPA provide a 180-day comment period on a request for
voluntary termination of any minor agricultural use before granting the
request, unless (1) the registrants request a waiver of the comment
period, or (2) the Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
The registrants have requested that EPA waive the 180-day comment
period. In light of this request, EPA is granting the request to waive
the 180-day comment period and is providing a 30-day public comment
period before taking action on the requested cancellations. Given the
potential risks, both dietary and nondietary, that chlorpyrifos use
poses, especially to children, EPA intends to grant the requested
cancellations at the close of the comment period for this announcement.
C. Requests for Voluntary Amendments to Delete Uses From the
Registrations of End-Use Products
Pursuant to section 6(f)(1)(A) of FIFRA, several registrants have
also submitted requests to amend their other enduse registrations of
pesticide products containing chlorpyrifos to delete the aforementioned
uses from any product bearing such use. The registrations for which
amendments to delete uses were requested are identified in the
following Table 2.
Table 2.--End-Use Product Registration Amendment Requests
------------------------------------------------------------------------
Company Reg. No. Product/SLNs
------------------------------------------------------------------------
Whitmire Micro-Gen Research 499-367 Whitmire PT 275 Dur-
Laboratories, Inc. O-Cap
Microencapsulated
Chlorpyrifos
Liquid
Concentration
499-405 Whitmire PT-1920
Total Release
Insecticide
499-413 Whitmire TC 100
Intern
499-419 Whitmire PT 275 Dur-
O-Cap
Microencapsulated
Chlorpyrifos
The Scotts Company 538-98 Proturf 30-5-3
Fertilizer Plus
Insecticide III
538-111 Proturf Insecticide
III
538-191 24-3-3 Fertilizer
Plus Insecticide
III
538-226 Fertilizer Plus
Insecticide/
Preemergent Weed
Control
Rockland Corporation 572-329 Urban Insect Spray
Prentiss Incorporated 655-441 Prentox Residual
Concentrate DV-One
655-466 Prentox Dursban 2E
Insecticide
655-499 Prentox Dursban 4E
Insecticide
655-696 Prentox Pyrifos
0.50 RTU
655-764 Prentox Dursban
2.32G Granular
Insecticide
655-766 Prentox Dursban 1/
2G Granular
Insecticide
655-786 Prentox Pyrifos
Residual Spray
655-792 Prentox D+2
Insecticide
655-793 Prentox Super Brand
D+2 Insecticide
Southern Agricultural 829-223 SA-50 Dursban .5G
Insecticides, Inc. Granular
insecticide
829-279 SA-50 Dursban 2-E
Insecticide
829-280 SA-50 Dursban 4-E
Insecticide
829-291 SA-50 Brand Dursban
1% Mole Cricket
Bait
829-292 SA-50 Brand Dursban
2.5% Granular
Insecticide
ISK Biocides, Inc. 1022-543 Chapcide 4-EC
Universal Cooperatives, Inc. 1386-652 Security Pro-Turf 1
Insect Control
Granules
1386-653 Security Pro-Turf 2
Insect Control
Granules
1386-613 Dursban Lawn and
Ornamental Insect
Control
1386-615 Termite Kill II
1386-649 Dursban 4E
Insecticide
Wellmark International 2724-487 Arthitrol 0.5%
Dursban Paste Bait
Cessco, Inc. 6959-67 Cessco Accudose
Aerosol for Fire
Ant Control
[[Page 69523]]
Knox Fertilizer Company, Inc. 8378-26 Dursban 92 with
Plant Food
8378-27 Dursban 114 +
Fertilizer
8378-28 Dursban 50 Granular
Insecticide
8378-33 Dursban 1.14
Granules
8378-34 2.32 Dursban
Granules
The Andersons, Inc. 9198-32 Turf Care for Lawn
Maintenance 38-0-0
with Dursban Brand
Insecticide
9198-39 Turf Care Dursban
2.5G
9198-68 The Andersons 1%
Dursban Brand
Insecticide
9198-82 Tee Time Fertilizer
with 0.52% Dursban
30-3-5
9198-84 Andersons Tee Time
30-3-5 with 0.65%
Dursban
9198-85 Tee Time Fertilizer
with 0.71% Dursban
30-3-5
9198-98 Andersons Tee Time
with Team/Dursban
I
9198-99 Andersons Tee Time
19-5-9 with Team/
Dursban
9198-127 Twinlight
Professional
Dursban Lawn
Insect Killer
9198-132 The Andersons 0.97%
Dursban Brand
Insecticide
9198-137 The Andersons 0.5%
Dursban Brand
Insecticide
Gowan Company 10163-158 Gowan Chlorpyrifos
4E
Lesco, Inc. 10404-15 Lesco 2.32 Granular
Insecticide
10404-27 Lesco 40-0-0
Fertilizer with
Dursban
10404-29 Lesco 32-5-7
Fertilizer with
Dursban
10404-40 Lesco 20-0-10
Fertilizer with
Dursban
10404-67 Lesco 1% Dursban
Granular
10404-81 Lesco 0.97 Dursban
Granules
Sungro Chemicals, Inc. 11474-40 Sungro Reside Du
11474-55 Sungro Combo Water
Base
11474-66 Sungro Dursbo
11474-90 Sungro Buggone II
Residual
Insecticide
Rainbow Technology Corporation 13283-14 Rainbow Fire Ant
Killer
13283-17 Rainbow KO Fire Ant
Killer
Drexel Chemical Company 19713-504 Regatta 4E
Positive Formulators, Inc. 26693-2 Killmaster II
Unicorn Laboratories 28293-87 Unicorn House and
Carpet Spray
28293-99 Unicorn Dursban
Spray
28293-121 Unicorn Dursban--
Resmethrin Spray
28293-142 Unicorn Kennel
Spray
28293-149 Unicorn House and
Carpet Spray II
28293-200 Unicorn Dursban 2E
28293-201 Unicorn Dursban
2.5% Granules
28293-202 Unicorn Dursban
1.0% Granules
28293-203 Unicorn Dursban 1%-
D Dust
28293-204 Unicorn Dursban 4E
28293-205 Unicorn Dursban 1-
12
28293-210 Dursban 1E
Insecticide
28293-265 Unicorn Dursban
6.7% Insecticide
28293-266 Dursban Plus
Resmethrin
Concentrate
Howard Johnson's Enterprises, 32802-19 Dursban Insecticide
Inc. 0.7 Plus
Fertilizer
32802-20 Dursban 1.14
Granular Lawn and
Turf Insect
Control
32802-21 Dursban 1.14 Plus
Lawn Fertilizer
32802-22 Dursban 2.32G
32802-39 Dursban .5 Granules
Insecticide
32802-49 Dursban 100
Granules
Phaeton Corporation 47006-5 Orlik Dursban
granules
Marman USA, Inc. 48273-13 Pestban 2E
48273-14 Pestban TC
48273-19 Pestban 4E
Biodyne Americas Corporation 59920-1 Super IQ
Insecticide
Coating APT
59920-2 Super IQ
Insecticide
Coating LC
------------------------------------------------------------------------
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be amended to delete one or
more pesticide uses. The registrants have requested that EPA waive the
180-day comment period. In light of this request, EPA is granting the
request to waive the 180-day comment period and is providing a 30-day
public comment period before taking action on the requested amendments
to delete uses. Given the potential dietary and nondietary risks that
chlorpyrifos use poses, especially to children, EPA intends to grant
the requested amendments to delete uses at the close of the comment
period for this announcement.
III. Proposed Existing Stocks Provisions
The registrants have requested voluntary cancellation of the
chlorpyrifos registrations identified in Table 1 and voluntary
amendment to terminate certain uses of the chlorpyrifos registrations
identified in Table 2. Pursuant to section 6(f) of FIFRA, EPA intends
to grant the
[[Page 69524]]
requests for voluntary cancellation and amendment. For purposes of the
cancellation order that the Agency intends to issue at the close of the
comment period for this announcement, the term existing stocks will be
defined, pursuant to EPA's existing stocks policy at 56 FR 29362,
Wednesday, June 26, 1991, as those stocks of a registered pesticide
product which are currently in the United States and which have been
packaged, labeled, and released for shipment prior to the effective
date of the cancellation or amendment. Any distribution, sale, or use
of existing stocks after the effective date of the cancellation order
that the Agency intends to issue that is not consistent with the terms
of that order will be considered a violation of section 12(a)(2)(K) and
/or 12(a)(1)(A) of FIFRA.
1. Distribution, sale or use of products bearing instructions for
use on apple trees post-bloom . The distribution or sale of existing
stocks by any person of any product listed in Table 1 or 2 that bears
instructions for post-bloom application to apple trees (other than tree
trunk use) will not be lawful under FIFRA after December 31, 2000. The
use of existing stocks of such product for post-bloom application to
apple trees (other than tree trunk use) will not be lawful under FIFRA
after December 31, 2000. Any other use of such product until that date
must be in accordance with the existing labeling of that product.
2. Distribution or sale by registrants of products bearing other
uses-- (a) restricted use and package size limitations . (i) The
distribution or sale by registrants of existing stocks of any EC
formulation product listed in Table 1 or 2 will not be lawful under
FIFRA after February 1, 2001 unless the product is labeled as
restricted use.
(ii) The distribution or sale by registrants of existing stocks of
any product listed in Table 1 or 2 labeled for any agricultural use and
that is not an EC, will not be lawful under FIFRA after of February 1,
2001, unless the product is either labeled for restricted use or
packaged in containers no smaller than 15 gallons of a liquid
formulation, 50 pounds of a granular formulation, or 25 pounds of any
other dry formulation;
(iii)The distribution or sale by registrants of existing stocks of
any product listed in Table 1 or 2 labeled solely for nonagricultural
uses (other than containerized baits in CRP) and that is not an EC,
will not be lawful under FIFRA after of February 1, 2001, unless the
product is either labeled for restricted use or packaged in containers
no smaller than 15 gallons of a liquid formulation or 25 pounds of a
dry formulation.
(b) Prohibited uses. The distribution or sale of existing stocks by
registrants of any product identified in Table 1 or 2 that bears
instructions for any of the following uses will not be lawful under
FIFRA after February 1, 2001:
(i) Termite control, unless the product bears directions for use of
a maximum 0.5% active ingredient chlorpyrifos enduse dilution;
(ii) Post-construction termite control, except for spot and local
termite treatment, provided the label of the product states that the
product may not be used for spot and local treatment after December 31,
2002;
(iii) Indoor residential except for containerized baits in CRP;
(iv) Indoor non-residential except for containerized baits in CRP
and products with formulations other than EC that bear labeling solely
for one or more of the following uses: Warehouses, ship holds, railroad
boxcars, industrial plants, manufacturing plants, or food processing
plants;
(v) Outdoor residential except for products bearing labeling solely
for one or more of the following public health uses: Individual fire
ant mound treatment by licensed applicators or mosquito control by
public health agencies;
(vi) Outdoor non-residential except for products that bear labeling
solely for one or more of the following uses: golf courses, road
medians, and industrial plant sites, provided the maximum label
application rate does not exceed 1lb./ai per acre; mosquito control for
public health purposes by public health agencies; individual fire ant
mound treatment for public health purposes by licensed applicators; and
fence posts, utility poles, railroad ties, landscape timbers, logs,
pallets, wooden containers, poles, posts and processed wood products.
3. Retail and other distribution or sale . The retail distribution
of existing stocks of products listed in Table 1 or 2 bearing
instructions for the prohibited uses set forth above in Unit
III.2.(b)(i)(vi) of this Notice will not be lawful under FIFRA after
December 31, 2001. Except as provided in the previous sentence or in
Units III.1. and III.4. of this Notice, EPA intends to permit
distribution or sale of products identified in Table 1 or 2 by persons
other than registrants until such stocks are exhausted.
4. Final distribution, sale and use date for pre-construction
termite control. The distribution, sale or use of any product listed in
Table 1 or 2 bearing instructions for pre-construction termiticide use
will not be lawful under FIFRA after December 31, 2005, unless, prior
to that date, EPA has issued a written determination that such use may
continue consistent with the requirements of FIFRA.
5. Use of existing stocks . Except as provided above in Units
III.1. and III.4., EPA intends to permit the use of existing stocks of
products listed in Table 1 or 2 until such stocks are exhausted,
provided such use is in accordance with the existing labeling of that
product.
List of Subjects
Environmental protection, Memorandum of Agreement, Pesticides and
pests.
Dated: November 8, 2000.
Lois Rossi,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 00-29511 Filed 11-16-00; 8:45 am]
BILLING CODE 6560-50-S