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arsenic acid Cancellation Order 4/93

[OPP-66175; FRL-4583-5]

Arsenic Acid; Receipt of Request to Cancel; Cancellation Order 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Notice.
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[OPP-66175; FRL-4583-5]
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Arsenic Acid; Receipt of Request to Cancel; Cancellation Order 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Notice.
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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 
season. 

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 
--More--(23%)[Press space to continue, 'q' to quit.]opposed permitting use of 
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 
--More--(31%)[Press space to continue, 'q' to quit.]back leftover product 
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 
--More--(39%)[Press space to continue, 'q' to quit.]disposal or relabeling for 
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 
labeling.
   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 
Cancellation Order

   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 
cotton.
   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 
--More--(53%)[Press space to continue, 'q' to quit.]reregistration of arsenic 
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 
--More--(61%)[Press space to continue, 'q' to quit.]pesticide product is 
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 
pesticide.
   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.
--More--(68%)[Press space to continue, 'q' to quit.]   The Office of 
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 
acid.
   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 
--More--(75%)[Press space to continue, 'q' to quit.]acid pesticide product is 
held.
   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 
7, 1993.
   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 
6(g) Information

   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. 

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 
--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. 
1001. 

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