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Mevinphos - Notice of Receipt for Cancellation Request 7/94

[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.

------------------------------------------------------------
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
-----------------------------+------------------------------------------------
     Registration Number     |                 Product Name
-----------------------------+------------------------------------------------
                             |
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)
-----------------------------+------------------------------------------------
   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]