arsenic acid Cancellation Order 4/93
Arsenic Acid; Receipt of Request to Cancel; Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
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Arsenic Acid; Receipt of Request to Cancel; Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
SUMMARY: This Notice, issued pursuant to section 6(f)(1) of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA),
7 U.S.C. 136 et seq., announces EPA's receipt of voluntary requests
from Elf Atochem North America, Inc. (Atochem) and Voluntary
Purchasing Groups, Inc. (VPG) to cancel their registrations
for products containing arsenic acid for use on cotton and to
provide for existing stocks. EPA grants this voluntary cancellation
effective May 6, 1993. Existing stocks will be permitted to
be sold until October 31, 1993. Growers will be permitted to
use existing stocks until December 31, 1993. Registrants will
buy back from customers stocks remaining after the 1993 use
DATE: The cancellation order shall become effective May 6, 1993.
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FOR FURTHER INFORMATION CONTACT: Regarding voluntary cancellation:
Ann Sibold, Special Review and Reregistration Division (H7508W),
Environmental Protection Agency, 401 M St., SW., Washington,
DC 20460. Office location and telephone number: Special Review
Branch, 3rd floor, 2800 Crystal Drive, Arlington, VA 22202 (703)
308-8033. Regarding recovered and converted product, notification
of possession of canceled products, and compliance issues: David
Stangel, Office of Compliance Monitoring (EN-342W), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location and telephone number: Office of Compliance Monitoring,
5th floor 2800 Crystal Drive Arlington, VA 22202 (703) 308-8295.
SUPPLEMENTARY INFORMATION: This Notice announces the receipt
of a request for cancellation of arsenic acid used on cotton
and the Agency's decision.
I. Request for Voluntary Cancellation
Arsenic acid is used as a desiccant on cotton in certain
areas of Texas and Oklahoma to facilitate harvest by mechanical
cotton strippers. EPA initiated a Rebuttable Presumption against
--More--(15%)[Press space to continue, 'q' to quit.]Reregistration ((RPAR),
now called a Special Review) on this
chemical and other inorganic arsenicals on October 18, 1978
(43 FR 48267). That Notice was based on a determination that
use of the inorganic arsenicals met or exceeded the risk criteria
for carcinogenicity, teratogenicity, and mutagenicity under
40 CFR 162.11 (now 40 CFR 154.7). EPA issued a Notice of Preliminary
Determination to Cancel Registration (PD 2/3) on October 7,
1991 (56 FR 50576), for arsenic acid registered for use as a
desiccant on cotton. In the PD 2/3 EPA proposed to cancel all
uses of arsenic acid with no provisions for the distribution,
sale or use of existing arsenic acid stocks since arsenic acid
is classified as a known human (Group A) carcinogen, and the
cancer risks to workers outweighed the localized benefits. The
comment period was extended until June 6, 1992, at the request
of several grower groups and the registrants (57 FR 3755).
After the close of the comment period, the registrants initiated
discussions with EPA regarding regulatory options for arsenic
acid, including a voluntary cancellation conditioned upon provision
for existing stocks through the 1993 use season. During the
course of this discussion, the textile industry expressed concern
about the costs incurred by the industry to dispose of arsenic
acid contaminated waste. For this reason, the textile industry
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existing stocks for one more year.
EPA considered these comments, determined that the textile industry's
estimates of costs were not consistent with the relatively small
percentage of the cotton crop treated with arsenic acid, and
decided to continue the discussions with the registrants regarding
voluntary cancellation. Copies of documents relating to the
discussions with the registrants and the textile industry may
be found in the public docket.
Atochem, in a letter dated January 8, 1993, and VPG, in letters
dated February 19 and February 25, 1993, requested voluntary
cancellation with the following conditions:
1. Existing stocks may be sold until October 31, 1993, and
growers may use existing stocks until December 31, 1993.
2. "Existing stocks" include stocks already in the U.S.,
packaged, labeled, and released for shipment as of August 26,
1992, (Atochem) and October 31, 1992 (VPG).
3. Stocks remaining after the 1993 use season may be sold
to the wood preservative industry for reformulation or repackaging
into registered wood preservative products, or lawfully disposed.
4. Both registrants waived the 90-day comment period allowed
by FIFRA Section 6(f). In addition to these conditions, each
registrant described its buy back program. Atochem will buy
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until March 31, 1994. VPG will notify
customers by February 1, 1994, that they can return leftover
product to VPG within 45 days for a refund. Both registrants
agreed that repurchased stocks will be sold to the wood preservative
industry for reformulation or repackaging into registered wood
preservative products, or lawfully disposed.
II. Existing Stocks Determination
For purposes of this order, existing stocks are defined as
those stocks of a previously existing arsenic acid cotton desiccant
product which were in the U.S. and were packaged, labeled, and
released for shipment prior to October 31, 1992. EPA determined
that the date of October 31, 1992, would accommodate the dates
specified by both registrants.
EPA grants Atochem's and VPG's requests to distribute and
sell their existing stocks of arsenic acid for use on cotton
through October 31, 1993. Retailers and distributors also may
sell and distribute the product until October 31, 1993. After
October 31, 1993, all sale and distribution of existing stocks
will be prohibited unless such stocks are being sold or distributed
as part of the registrants' buy back program for purposes of
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wood preservative use. Existing stocks
may be used on cotton until December 31, 1993, provided they
are used in accordance with the products' existing EPA-approved
The registrants will buy back any stocks remaining after
the 1993 use season in accordance with the plans they have filed
with the Agency and which are described above. By April 30,
1994, the registrants will report to the contact listed in unit
IV.D.1 how much recovered product was retrieved and the amount
converted to the wood preservative use. Due to the limited region
where arsenic acid is used, EPA will not require the registrants
to add stickers to remaining stocks, but will allow the National
Cotton Council to work with Atochem to inform affected users
of the existing stocks provisions.
III. EPA's Decision on Request for Voluntary Cancellation and
EPA hereby grants Atochem and VPG's requests that the registration
of their products Desiccant L-10 (EPA #4581-231) and Arsenic
Acid, (EPA #7401-184, 7401-195, and 7401-200), respectively,
all of which contain the active ingredient arsenic acid, be
--More--(45%)[Press space to continue, 'q' to quit.]voluntarily canceled.
Concurrently, EPA issues a Cancellation
Order for arsenic acid registered for use as a desiccant on
Under section 6(f)(1) of FIFRA, a registrant may request
at any time that EPA cancel any of its pesticide registrations.
EPA must publish in the Federal Register a notice of receipt
of the request and allow public comment before granting the
request unless either the registrant requests a waiver of the
comment period or the Administrator determines that the continued
use of the pesticide would pose an unreasonable adverse effect
on the environment. Both Atochem and VPG requested waiver of
the comment period in their letters requesting voluntary cancellation.
For this reason, this Cancellation order shall become effective
on May 6, 1993. Accordingly, as of May 6, 1993, no person may
distribute or sell arsenic acid for use as a pesticide, except
existing stocks of the product as permitted in the Existing
Stocks provision of this Order. Any distribution, sale or use
of existing stocks of the product that is not consistent with
the terms of the Existing Stocks Provision of this Order will
be considered a violation of FIFRA section 12(a)(2)(K) and if
distribution or sale, section 12(a)(1)(A).
EPA notes that the voluntary cancellation will affect the
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acid that was underway when the registrants
initiated discussions of voluntary cancellation of arsenic acid.
As a result of this cancellation order, arsenic acid will be
removed from List A in the Reregistration process. Once an active
ingredient is removed from List A, any person wishing to bring
the pesticide back on the market must apply to EPA for a "new
chemical" registration. However, it is unlikely such registration
would be approved because of the chemical's carcinogenic potential.
IV. Required Notification of Possession of Canceled Products
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 the pesticide products identified above (hereafter
referred to as "affected persons", which includes affected individuals,
partnerships, associations, corporations, or any organized group
of person whether incorporated or not), must notify the EPA
and appropriate State and local officials of (1) Such possession;
(2) the quantity of canceled arsenic acid pesticide product
possessed; and (3) the place at which the canceled arsenic acid
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stored. 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 Unit. End-users,
except commercial applicators, are not required to report their
stocks of canceled arsenic acid products.
A. Pesticides Required to be Reported
Affected persons must report, pursuant to FIFRA section 6(g),
the information described below for canceled arsenic acid pesticide
products which are in the physical possession of that person
in locations that the person owns, leases, or operates in the
United States, regardless of the ownership of that canceled
arsenic acid pesticide product. Canceled arsenic acid 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
is to be reported by the person in physical possession of the
Registrants and other affected persons are not to include
in the FIFRA section 6(g) report the quantity of stocks already
reported to the Agency.
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Management and Budget (OMB) has given interim
approval for the collection of information under FIFRA section
6(g) and has 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 arsenic
4. The relationship of the affected person (company) to the
canceled arsenic acid pesticide products being reported under
FIFRA section 6(g) (i.e., exporter, producer, registrants, 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 arsenic
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6. For each location listed, the total quantity (pounds,
gallons, or other appropriate measure) of canceled arsenic acid
pesticide product, and the quantity of canceled arsenic acid
pesticide product listed by the number of units of each size
container (pounds, gallons, or other appropriate measure) and
by EPA registration number (e.g., x units of 5 gallon containers
of EPA registration number -------).
C. When to Report
Affected persons are required to submit FIFRA section 6(g)
information according to the following schedule:
1. Registrants of canceled arsenic acid must report by June
2. Producers, exporters, applicants for a registration, applicants
or holder of an experimental use permit, dealers, distributors,
and retailers must report by June 21, 1993.
3. Commercial applicators must report by July 6, 1993.
4. Other end-users are not required to report their possession
of canceled products containing arsenic acid.
--More--(81%)[Press space to continue, 'q' to quit.]D. Where to Submit Section
The FIFRA section 6(g) information is to be sent to each
of the following three locations:
1. EPA. Director, Compliance Division, Office of Compliance
Monitoring (EN-342), U.S. Environmental Protection Agency, 401
M St., SW., Washington, DC 20460. Envelopes must be marked:
"Attention: FIFRA Section 6(g) Information."
2. State. Chief Pesticide Regulatory Official, of the agency
in the State government which enforces the State pesticide lawns
where the canceled arsenic acid pesticide product is stored.
Envelopes must be marked "Attention FIFRA Section 6(g) Information."
Information on the appropriate officials to receive the FIFRA
section 6(g) information in Texas and Oklahoma follows:
Oklahoma Department of Agriculture, Plant Industry Division,
2800 N. Lincoln Boulevard, Oklahoma City, OK 73105.
Texas Department of Agriculture, Pesticide Regulation Division,
P.O. Box 12847, Austin, TX 78711.
Information for other States is available from the information
--More--(87%)[Press space to continue, 'q' to quit.]contact listed at the
beginning of this notice.
3. Local. Chair of the Local Emergency Planning Committee
(LEPC), for the location where the canceled arsenic acid 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 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.
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
--More--(93%)[Press space to continue, 'q' to quit.]up to $5,000 per offense.
Affected persons who possess canceled
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, or is submitted late, incomplete, or inaccurate.
Persons who knowingly submit false section 6(g) reports are
in violation of FIFRA section 12(a)(2)(M) and may also be subject
to civil penalties up to $5,000 per offense. Knowing violations
of the requirements of FIFRA section 6(g) may also result in
criminal penalties under section 14(b) of FIFRA, or 18 U.S.C.
V. Availability of the Public Docket
Copies of documents referred to in this Notice are available
in the Public Docket, located in CM #2, Rm. 1128, 1921 Jefferson
Davis Highway, Arlington, VA 22202. Hours are from 8 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays.
Dated: April 28, 1993.
Douglas D. Campt,
Director, Office of Pesticide Programs.
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[FR Doc. 93-10714 Filed 5-5-93; 8:45 am]
BILLING CODE 6560-50-F