[Federal Register: November 26, 2003 (Volume 68, Number 228)]
[Notices]
[Page 66413-66416]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no03-46]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2003-0324; FRL-7336-3]
Notice of Receipt of Requests to Cancel Certain Creosote and Acid
Copper Chromate (ACC) Wood Preservative Products, and/or to Amend to
Terminate Certain Uses of Other Creosote Products; Extension of Comment
Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is extending
for an additional 30 days the comment period commenced by a September
29, 2003 Notice of Receipt of Requests by registrants of pesticide
products containing either Creosote or Acid Copper Chromate (ACC) to
voluntarily cancel certain pesticide registrations and/or to amend to
terminate certain uses of affected products. Specifically, the five
registrants who are members of the Creosote Council III have requested
to cancel the registrations for their creosote non-pressure treatment
end-use products and/or to amend to terminate all non-pressure
treatment uses of other creosote products. These registrants are
requesting that these voluntary product cancellations and/or use
terminations become effective December 31, 2004. Osmose, Inc., the sole
registrant of ACC, is also requesting to immediately cancel the
registration for its product with no provision for existing stocks.
Neither the registrants of the affected creosote products nor that of
the affected ACC product have requested any existing stocks provision,
and all registrants waived the 180-day comment period (i.e., any
comment period in excess of 30 days). This notice provides an
additional 30-day public comment period in response to request for such
extension.
DATES: Unless a request is withdrawn by December 26, 2003, or unless
the Agency receives substantive comments within this additional comment
period that would merit further review of the request, the Agency
intends to issue orders granting these requests to cancel certain
products, and to amend to terminate certain uses. The Agency will
consider withdrawal requests received on or before December 26, 2003.
Comments, identified by docket ID number OPP-2003-0324, must be
received on or before December 26, 2003.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Bonaventure A. Akinlosotu,
Antimicrobials Division (7510C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 605-0653; e-mail address: akinlosotu.bonaventure@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general. Although this
action may be of particular interest to persons who produce or use
pesticides, 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 information in this notice, consult the person listed
under FOR FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2003-0324. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B. EPA intends to work towards
providing electronic access to all of the publicly available docket
materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
[[Page 66414]]
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPP-2003-0324. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment. ii. E-mail. Comments may be sent by e-mail to opp-docket@epa.gov,
Attention: Docket ID Number OPP-2003-0324. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2003-0324.
3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket
ID Number OPP-2003-0324. Such deliveries are only accepted during the
docket's normal hours of operation as identified in Unit I.B.1.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is 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 docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket 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 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 your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful if you provided the name, date, and Federal
Register citation related to your comments.
II. What Action is the Agency Taking?
This notice announces receipt by the Agency of requests from
registrants to cancel the registrations of four pesticide
[[Page 66415]]
products and to amend to terminate certain uses of seven other
pesticide products (See Tables 1 and 2), and extends by an additional
30 days the public comment period on requests. In a June 30, 2003
letter, which was received by the Agency on July 14, 2003, Osmose, Inc.
requested voluntary cancellation of its ACC product. Similarly, in
letters dated September 5, 2003, Coopers Creek Chemical Corporation,
KMG-Bernuth, Inc., Koppers, Inc., Railworks Wood Products, and Rutgers
Chemicals AG, requested voluntary cancellation of certain creosote end-
use products and/or amendments to terminate certain creosote end uses
of other creosote end-use products.
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period 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 registrant requests 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. EPA is granting the registrants' request to waive the 180-day
comment period. Since publication of the Notice of Receipt on September
29, 2003 (68 FR 55952-55954), the Agency has been requested to extend
the public comment period by an additional 30 days. The Agency has
considered the request and has no objection to extending the public
comment period by an additional 30 days and is doing so by this notice.
Accordingly, EPA will provide an additional 30-day public comment
period on the requests. EPA anticipates granting the cancellation
requests and requests for termination of uses shortly after the end of
the additional 30-day comment period for this notice unless the Agency
receives substantive comments within the comment period that would
merit further review of the request, or unless the subject request for
voluntary cancellation and/or use termination is withdrawn as provided
herein.
The following products would be affected by the requests for
voluntary cancellations:
Table 1.-- Requests for Cancellation of Products
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Registration No. Product name Chemical name
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003008-00060 Osmose ACC 50% Chromic acid,
Wood Preservative Cupric acid
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061468-00005 Coal Tar Creosote Creosote
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073408-00001 Creosote Creosote
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073408-00002 Creosote Solution Creosote
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The following creosote/coal tar creosote product uses would be
affected by the requests for amendments to terminate non-pressure
treatment uses of the products listed in Table 2 below: home and farm
use, ground line treatment of utility poles, end cuts, piling
applications/repair, pole framing and railroad tie uses/repair.
Table 2.-- Request for Amendments to Terminate Non-Pressure Treatment
Uses
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Registration No. Product name Chemical name
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000363-00014 C-4 Brand Black Creosote
Creosote Coal Tar
solution
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000363-00015 C-4 Brand Creosote
Coopersote
Creosote Oil
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061468-00006 Creosote Creosote
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061470-00001 KMG-B Coal Tar Creosote
Creosote
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061483-0007 Creosote Oil-24CB Coal Tar Creosote
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061483-0008 Creosote/Coal Tar Coal Tar Creosote
solution
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061483-0009 Creosote Oil Coal Tar Creosote
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Unless the Agency receives substantive comments within this
additional public comment period that would merit further review of the
request, or unless a request is withdrawn by the registrant within 30
days of publication of this notice, the Agency intends to issue orders
canceling all of these registrations and granting the amendments
effecting the use terminations. Users of these pesticides or anyone
else desiring the retention of a registration or particular use should
contact the applicable registrant directly before the lapse of this 30-
day period.
The following Table 3 includes the names and addresses of record
for all registrants of the products in Tables 1 and 2, in sequence by
EPA company number:
[[Page 66416]]
Table 3.--Registrants Requesting Voluntary Cancellation and/or Amendment
to Terminate Uses
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EPA Company No. Company name and address
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000363 Coopers Creek Chemical Corp., 884 River Road, West
Conshohocken, PA 19428-2699
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003008 Osmose Inc., 980 Ellicott Street, Buffalo, NY 14209-
2398
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061468 Koppers Inc., 436 Seventh Avenue, Pittsburgh, PA
15219-1800
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061470 Rutgers Chemicals, 10611 Harwin Drive, Suite 402,
Houston, TX 77036
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061483 KMG-Bernuth, Inc., 10611 Harwin Drive, Suite 402,
Houston, TX 77036-1534
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073408 Railworks Wood Products, 2525 Prairieton Road, Terre
Haute, IN 47802
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III. What is the Agency's Authority for Taking this Action?
Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate uses. FIFRA further provides that,
before acting on the request, EPA must publish a notice of receipt of
any such request in the Federal Register, and provide a 30-day public
comment period. Thereafter, the Administrator may approve such a
request.
IV. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for voluntary
cancellation or amendment to terminate uses must submit such withdrawal
in writing to the person listed under FOR FURTHER INFORMATION CONTACT.
The Agency will consider withdrawal requests received on or before
December 26, 2003. This written withdrawal of the request for
cancellation or amendment to terminate uses will apply only to the
applicable FIFRA section 6(f)(1) request listed in this notice. If the
product(s) have been subject to a previous cancellation or use
termination action, the effective date of cancellation and all other
provisions of any earlier cancellation or use termination order are
controlling. The withdrawal request must also include a commitment to
pay any reregistration fees that are due, and to fulfill any applicable
unsatisfied data requirements.
V. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
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 action. Unless the provisions of an earlier order apply,
existing stocks already in the hands of dealers or users can be
distributed, sold, or used legally until they are exhausted, provided
that such further sale and use comply with the EPA-approved label and
labeling of the affected product. Exception to these general rules will
be made in specific cases when more stringent restrictions on sale,
distribution, or use of the products or their ingredients have already
been imposed, as in a Special Review action, or where the Agency has
identified significant potential risk concerns associated with a
particular chemical. This is in accordance with the Agency's statement
of policy as set forth in the Federal Register of June 26, 1991 (56 FR
29362) (FRL-3846-4).
1. Creosote. The registrants of affected creosote products have
requested that the voluntary product cancellations and/or use
terminations become effective December 31, 2004, with no provision for
existing stocks.
2. ACC. The effective date of cancellation will be the date of the
cancellation order. Osmose stated in its request that its affected
product (EPA Reg. No. 3008-60) is no longer being manufactured or
distributed by them and that, therefore, there is no need for a time
period for the depletion of existing stocks.
List of Subjects
Environmental Protection, Creosote, Acid Copper Chromate,
Pesticides and Pests.
Dated: November 20, 2003.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 03-29591 Filed 11-25-03; 8:45 am]
BILLING CODE 6560-50-S