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Methyl Parathion (Penncap-M) - Cancellation Request 10/99

[Federal Register: October 27, 1999 (Volume 64, Number 207)]
[Notices]
[Page 57877-57881]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc99-82]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-66272; FRL-6387-8]

Methyl Parathion, Receipt of Requests for Cancellation;
Cancellation Order

AGENCY: Environmental Protection Agency (EPA).
ACTION: Receipt of requests for voluntary cancellation; cancellation
order.

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 SUMMARY: The companies that hold the pesticide registrations of
pesticide products containing methyl parathion (O,O-dimethyl-O-(4-
nitrophenyl) phosphorothioate) have asked EPA to cancel 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 voluntary cancellation
requests from the registrants. These requests for voluntary
cancellation are the result of an agreement regarding the registration
of products containing methyl parathion reached between EPA and the
registrants. Given the risks associated with use of methyl parathion
under the existing terms and conditions of use, EPA is granting the
requests for voluntary cancellation. The voluntary cancellation is
effective today, with the publication of this document in the Federal
Register, which contains the Cancellation Order. As of today, any
distribution, sale, or use of canceled methyl parathion products will
only be permitted if such distribution, sale, or use is consistent with
the terms of the Cancellation Order set forth in this document.
DATE: The cancellations are effective on October 27, 1999.
FOR FURTHER INFORMATION CONTACT: Dennis Deziel, Special Review and
Reregistration Division (7508), Office of Pesticide Programs,
Environmental

[[Page 57878]]

Protection Agency, 401 M St., SW., Washington, DC 20460, telephone
number: 703-308-8173, e-mail address: deziel.dennis@epa.gov.

I. General Information

A. Does This Action Apply to Me?

    You may be potentially affected by this action if you manufacture,
sell, distribute, or use methyl parathion products. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Unit II of this
document. 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). If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed in
the "FOR FURTHER INFORMATION CONTACT" section.

 B. How Can I Get Additional Information, Including Copies of This
Document and Other Related Documents?

    1. Electronically. You may obtain copies of this document and
certain other available support documents from the EPA Internet Home
Page at <http://www.epa.gov/>. You may access this document by selecting
"Laws and Regulations" on EPA's Home Page and then looking 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 methyl parathion, go to the Home Page for the
Office of Pesticide Programs or go directly to
<http:www/epa.gov/oppsrrd1/op/methyl-parathion.htm>.
    2.  In person. The Agency has established an official record for
this action under docket control number 66272. 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 Highway, 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 66272 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, 401 M St., SW., 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 Highway, Arlington, VA. The PIRIB is open from 8 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
e- mail 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 CBI. Avoid the use of special characters and any
form of encryption. Electronic submissions will be accepted in
Wordperfect 5.1/6.1 or ASCII file format. All comments in electronic
form must be identified by the docket control number 66272. 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 identified in the "FOR FURTHER INFORMATION
CONTACT" section.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    \ Explain your views as clearly as possible.
    \ Describe any assumptions that you used.
    \ Provide copies of any technical information and/or data you used
that support your views.
    \ If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    \ Provide specific examples to illustrate your concerns.
    \ Offer alternative ways to improve the rule or collection
activity.
    \ Make sure to submit your comments by the deadline in this notice.
    \ 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 for Voluntary Cancellation

    In a memorandum of agreement ("Agreement") effective August 2,
1999, EPA and all registrants of products containing methyl parathion
agreed to take several steps to reduce the risks associated with the
use of methyl parathion. Methyl parathion is one of the most toxic and
widely used organophosphate pesticides. EPA initiated the negotiations
with registrants after methyl parathion was found to pose unacceptable
dietary risks, especially to children. Among other things, the
registrants agreed to cancel the use of methyl parathion on all fruits,
many vegetables, and all non-food and non-feed uses. The crop uses that
the registrants agreed to cancel are listed under "Uses To Be

Canceled" in Table 1 below. Canceling these crop uses considerably
reduces risks to children through food, and mitigates some of the risks
of concern to workers and non-target species in the environment, such
as honeybees.

[[Page 57879]]

              Table 1.-- Uses To Be Canceled or Maintained
------------------------------------------------------------------------
          Uses To Be Canceled                 Uses To Be Maintained
------------------------------------------------------------------------
 Food/Feed Uses: Apples, artichokes,     Food/Feed Uses: Alfalfa\1\,
 birdsfoot trefoil, broccoli, Brussels    almonds\2\, barley,
 sprouts, carrots, cauliflower, celery,   cabbage\1\, corn, cotton,
 cherries, clover, collards, filberts,    dried beans, dried peas, grass
 garden beets, grapes, kale, kohlrabi,    (including rangeland and
 lettuce, mustard greens, nectarines,     pastures), hops, lentils\2\,
 peaches, pears, plums, rutabagas,        oats, onions, pecans\1\, rape
 sorghum, spinach, succulent beans,       seed (canola)\1\, rice,
 succulent peas, tomatoes, turnips,       rye\1\, soybeans, sugar
 vetch..                                  beets\1\, sunflower\1\, sweet
                                          potatoes\2\, walnuts\2\,
                                          wheat, white potatoes
Non-Food Uses: Christmas trees,          Non-Food Uses: No non-food uses
 chrysanthemums, daisies, field grown     remain.
 ornamentals, flowering plants, forest,
 grasses grown for seed, guayule,
 jojoba, marigolds, any mosquito
 larvicide use, nursery stock, non-
 agricultural land, roadside areas,
 wasteland..
------------------------------------------------------------------------
\1\ Emulsified Concentrate formulation only
\2\ Microencapsulated formulation only

    In order to cancel these crop uses, the Agreement provides that
existing registrations of methyl parathion products will be replaced
with new registrations of these products without the uses identified in
Table 1 above as "Uses to be Canceled." As part of the Agreement, the
registrants agreed to submit voluntary requests for cancellation of all
existing registrations of pesticide products containing methyl
parathion. The products for which cancellation was requested are listed
in Table 2 of this notice. These include Special Local Need (SLN)
registrations that authorize the use of the product on any crop listed
under "Uses To Be Canceled" in Table 1 of this notice. The Agreement
also provides that any registrant that desires to continue to hold a
registration for any pesticide product containing methyl parathion must
submit an application for registration pursuant to section 3(c)(7)(A)
of FIFRA and consistent with the terms of the Agreement. Among other
things, applications for registration of manufacturing-use products
must include in the "Directions for Use" section of the label a
statement that the product may only be reformulated for uses identified
in Table 1 of this notice as "Uses To Be Maintained" that the
registrant previously supported under a registration listed in Table 2
of this notice. Any SLN registrations that authorize the use of a
methyl parathion product on any use to be maintained will automatically
be supported by the new product registration issued by EPA. The
Agreement further provides that requests for voluntary cancellations
may be expressly conditioned on EPA's grant of such applications for
registration. Thus, the issuance of new registrations and the
cancellation of existing registrations will effectively cancel the
methyl parathion uses that the registrants agreed to cancel.

                         Table 2.--Company Name, Registration Numbers and Product Names
----------------------------------------------------------------------------------------------------------------
                                                 Registration
                    Company                           No                     Product                   SLNs
----------------------------------------------------------------------------------------------------------------
FMC Corporation Agricultural Products Group...        279-2149  Methyl Parathion 2 Thioden 3EC
                                               --------------------------------------------------
  ............................................        279-2609  Methyl Parathion 1.0 Thioden 2.0
                                                                 C.O. EC
----------------------------------------------------------------------------------------------------------------
Griffin L.L.C.................................        1812-399  Griffin Methyl Parathion                WA980020
                                                                 Technical
                                               --------------------------------------------------
  ............................................        1812-405  Declare                                 ID980005
----------------------------------------------------------------------------------------------------------------
Wilbur-Ellis Company..........................        2935-527  Methyl Parathion 5 Spray              NV97000100
                                               --------------------------------------------------
  ............................................        2935-528  Methyl Parathion 4 Spray              WA97001800
                                               --------------------------------------------------
  ............................................        2935-482  Ethyl-Methyl Parathion 6-3 Spray      TX97000900
----------------------------------------------------------------------------------------------------------------
Elf Atochem North America Inc.................        4581-292  Penncap-M Microencapsulated              AR99009
                                                                 Insecticide                          AL97000300
                                                                                                      CA97002400
                                                                                                      ID84001000
                                                                                                      IL99000700
                                                                                                      IN88000200
                                                                                                      IN88000700
                                                                                                      LA96000100
                                                                                                      MN97000100
                                                                                                      MO95000100
                                                                                                      MS97000600
                                                                                                      NM82000400
                                                                                                      WA82005400
                                                                                                      WI95000500
----------------------------------------------------------------------------------------------------------------

[[Page 57880]]

Cheminova Agro A/S............................         4787-28  Cheminova Methyl Parathion
                                                                 Technical
----------------------------------------------------------------------------------------------------------------
Cheminova Inc.................................        67760-29  Cheminova Methyl Parathion 4EC        ID97001300
                                                                                                      OR97002000
                                                                                                      TX97000600
                                                                                                     WA970003400
----------------------------------------------------------------------------------------------------------------
Amvac Chemical Corporation....................        5481-175  Methyl Parathion 5
                                               --------------------------------------------------
  ............................................        5481-307   Methyl Parathion 4 Emulsifiable
                                               --------------------------------------------------
  ............................................        5481-330   Durham Methyl Parathion
                                                                 Granules 2
                                               --------------------------------------------------
  ............................................        5481-437  Parathion E/M 6-3
----------------------------------------------------------------------------------------------------------------
Helena Chemical Company.......................        5905-198  Helena Brand Malathion-Methyl
                                                                Parathion Emulsifiable Liquid...
                                               --------------------------------------------------
  ............................................        5905-528  Helena 4 LB. Methyl Parathion
----------------------------------------------------------------------------------------------------------------
Terra International, Inc......................        9779-344  Riverside Methyl Parathion 4
----------------------------------------------------------------------------------------------------------------
Drexel Chemical Co............................        19713-37  Drexel Methyl Parathion 4E
                                               -----------------------------------------------------------------
  ............................................       19713-281  Drexel Methyl Parathion 4
----------------------------------------------------------------------------------------------------------------
Platte Chemical Company, Inc..................       34704-794  Methyl Parathion 4EC
                                               -----------------------------------------------------------------
  ............................................       34704-795  Methyl Parathion 5-E
----------------------------------------------------------------------------------------------------------------
 Micro-Flo Company............................       51036-284  Methyl Parathion 4EC
----------------------------------------------------------------------------------------------------------------

    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. However, such comment period may be waived upon
a registrant's request. 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 any applicable comment
period before taking action on their requests to cancel the
registrations of the products identified in Table 2 of this notice. In
light of this request and to expedite the risk mitigation measures set
forth in the Agreement, EPA is granting the request to waive the
comment periods and is canceling the registrations today with the
publication of this document in the Federal Register.
    As part of the Agreement negotiated with the registrants, EPA
agreed to allow continued distribution and sale of existing stocks of
canceled products through December 1, 1999, and continued use of such
stocks pursuant to the terms of the existing labels through December
31, 1999. The Agreement also called on EPA to grant the voluntary
cancellation requests as expeditiously as possible. Because of the
risks associated with the use of methyl parathion, the Agency's
agreement to the expeditious granting of cancellation requests, and the
Agency's issuance of new registrations pursuant to the Agreement, the
Agency is granting the requested cancellations to be effective on
October 27, 1999.

III. Cancellation Order

    The registrants have requested voluntary cancellation of the
registrations of the pesticide products identified in Table 2 of this
notice. Pursuant to section 6(f) of FIFRA, EPA hereby grants the
requests for voluntary cancellation and orders that the registrations
of the pesticide products identified in Table 2 of this notice be
canceled. Any distribution, sale, or use of existing stocks of these
products that is not consistent with the terms of this Order will be
considered a violation of section 12(a)(2)(K) of FIFRA and/or section
12(a)(1)(A) of FIFRA.
    For purposes of this Order, the term "existing stocks" is
defined, pursuant to EPA's existing stocks policy at 56 FR 29362,
Wednesday, June 26, 1991, as those stocks of a canceled pesticide
product that were in the United States and that were packaged, labeled,
and released for shipment prior to the effective date of the
cancellation.

A. Existing Stocks Provision

    1.  Distribution or sale by registrants. The distribution or sale
of existing stocks by registrants will not be lawful under FIFRA after
December 1, 1999, except for the purpose of shipping such stocks for
relabeling or repackaging, for export consistent with the requirements
of section 17 of FIFRA, or for proper disposal.
    2. Distribution or sale by other persons. The distribution or sale
of existing stocks by persons other than registrants will not be lawful
under FIFRA after December 1, 1999, except for the purpose of shipping
such stocks for relabeling or repackaging, for export consistent with
the requirements of section 17 of FIFRA, or for proper disposal.
    3. Use of existing stocks. The use of existing stocks will not be
lawful under

[[Page 57881]]

FIFRA after December 31, 1999, except for the purposes of producing
(e.g., repackaging or relabeling) new manufacturing-use and end-use
products that conform with the terms of the Agreement. Persons applying
such existing stocks as part of a service of applying methyl parathion
products prior to December 31, 1999, shall not be considered to be
engaged in the distribution or sale of pesticides, unless such persons
also deliver unapplied methyl parathion pesticides. Any use of existing
stocks of canceled product prior to January 1, 2000, must be in
accordance with either the directions for use contained in the
Agreement or the existing labeling of that product.

B. Notification of Possession of Canceled Products

    No later than November 1, 1999, and pursuant to section 6(g) of
FIFRA, 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 after the publication of this Notice possesses any
stocks of the pesticide products identified on Table 2 of this notice,
shall notify EPA and appropriate State and local officials of: (1) Such
possession; (2) the quantity of canceled methyl parathion pesticide
product possessed; and (3) the place at which the canceled methyl
parathion pesticide product is stored.

List of Subjects

    Environmental protection.

    Dated: October 12, 1999.

Lois Rossi,

Director, Special Review and Reregistration Division, Office of
Pesticide Programs.

[FR Doc. 99-27800 Filed 10-26-99; 8:45 am]
BILLING CODE 6560-50-F