Notice of Receipt of Requests to Cancel Certain Chromated Copper
Arsenate (CCA) Wood Preservative Products and Amend to Terminate
Certain Uses of CCA Products
[Federal Register: February 22, 2002 (Volume 67, Number 36)]
[Notices]
[Page 8244-8246]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22fe02-60]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-66300; FRL-6826-8]
Notice of Receipt of Requests to Cancel Certain Chromated Copper
Arsenate (CCA) Wood Preservative Products and Amend to Terminate
Certain Uses of CCA Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: Pursuant to section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of requests from registrants of affected chromated
copper arsenate (CCA) products to cancel certain products and to amend
to terminate certain uses of other CCA products. These requests were
submitted to EPA in February 2002. EPA intends to grant these requests
at the close of the comment period for this announcement unless the
Agency receives substantive comments within the comment period that
would merit its further review of these requests. Upon acceptance of
these requests, any sale, distribution, or use of products listed in
this notice will only be permitted if such distribution, sale, or use
is consistent with the terms as described in this notice.
DATES: Comments must be received on or before March 25, 2002.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper
receipt by EPA, it is imperative that you identify docket control
number OPP-66300 in the subject line on the first page of your
response.
FOR FURTHER INFORMATION CONTACT: By mail: Bonaventure Akinlosotu,
Antimircrobial Division (7510C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460.
Office location for commercial courier delivery, telephone number,
and e-mail address: Rm. 308, Crystal Mall #2, 1921 Jefferson Davis
Highway, Arlington, VA 22202, (703) 605-0653; e-mail:
akinlosotu.bonaventure@epa.gov.
SUPPLEMENTARY INFORMATION: This announcement consists of five parts.
The first part contains general information. The second part addresses
the registrants' requests for registration cancellations and amendments
to terminate uses. The third part describes the action taken by this
notice. The fourth part describes the Agency's legal authority for the
action announced in this notice. The fifth part proposes existing
stocks provisions that the Agency intends to authorize.
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general. You may be
potentially affected by this action if you manufacture, sell,
distribute, or use CCA products. 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). Since other entities may also be
interested, 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 applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.
B. How Can I Get Additional Information, Including Copies of this
Document and Other Related Documents?
1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations,'' ``Regulations and Proposed Rules'' and then look 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/.
2. In person. The Agency has established an official record for
this action under docket control number OPP-66300. 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 Hwy., 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 OPP-66300 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, 1200 Pennsylvania Ave., NW., 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 Hwy., Arlington, VA. The PIRIB is open from 8:30 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 6.1/
8.0 or ASCII file format. All comments in electronic form must be
identified by docket control number OPP-66300. 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
[[Page 8245]]
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 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 copies of 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 the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the notice or collection
activity.
7. Make sure to submit your comments by the deadline in this
notice.
8. 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, andFederal
Register citation.
II. Background of the Receipt of Requests to Cancel and Amend
Registrations to Delete Uses
As a result of current and projected market demand and the
availability of new generation wood treatment products, the below
identified four registrants of CCA products have requested EPA to
cancel certain affected products and to amend to terminate uses of the
other pesticide registrations of the products identified in this notice
(Tables 1 and 2). The letter from Arch Wood Protection, Inc. was dated
February 5, 2002; from Chemical Specialties, Inc., dated February 4,
2002; from Osmose, Inc., dated February 6, 2002; and from Phibro-Tech,
Inc., dated February 6, 2002. Specifically, the Agency has received a
request to cancel two products, and requests to amend other affected
end-use and manufacturing-use registrations to terminate all uses of
such products with the exception of the treatment of forest products
that fall under the American Wood Preservers Association (AWPA)
standards listed as stated below in the text of the requested label
amendments.
For affected manufacturing-use products, the label amendments would
read as follows:
Effective December 31, 2003, this product may only be used (1)
for formulation of the following end-use wood preservative products:
ACZA or CCA labeled in accordance with the ``Directions for Use''
shown below, or (2) by persons other than the registrant, in
combination with one or more other products to make: ACZA wood
preservative; or CCA wood preservative that is used in accordance
with the ``Directions for Use'' shown below.
Effective December 31, 2003, this product may only be used for
preservative treatment of the following categories of forest
products and in accordance with the respective cited standard (noted
parenthetically) of the 2001 edition of the American Wood
Preservers' Association Standards: Lumber and Timber for Salt Water
Use Only (C2), Piles (C3), Poles (C4), Plywood (C9), Wood for
Highway Construction (C14), Poles, Piles and Posts Used as
Structural Members on Farms, and Plywood Used on Farms (C16), Wood
for Marine Construction (C18), Round Poles and Posts Used in
Building Construction (C23), Sawn Timber Used To Support Residential
and Commercial Structures (C24), Sawn Crossarms (C25), Structural
Glued Laminated Members and Laminations Before Gluing (C28),
Structural Composite Lumber (C33), and Shakes and Shingles (C34).
Forest products treated with this product may only be sold or
distributed for uses within the AWPA Commodity Standards under which
the treatment occurred.
For affected end-use products, the label amendments would read as
follows:
Effective December 31, 2003, this product may only be used for
preservative treatment of the following categories of forest
products and in accordance with the respective cited standard (noted
parenthetically) of the 2001 edition of the American Wood
Preservers' Association Standards: Lumber and Timber for Salt Water
Use Only (C2), Piles (C3), Poles (C4), Plywood (C9), Wood for
Highway Construction (C14), Poles, Piles and Posts Used as
Structural Members on Farms, and Plywood Used on Farms (C16), Wood
for Marine Construction (C18), Round Poles and Posts Used in
Building Construction (C23), Sawn Timber Used To Support Residential
and Commercial Structures (C24), Sawn Crossarms (C25), Structural
Glued Laminated Members and Laminations Before Gluing (C28),
Structural Composite Lumber (C33), and Shakes and Shingles (C34).
Forest products treated with this product may only be sold or
distributed for uses within the AWPA Commodity Standards under which
the treatment occurred.
In addition, the registrants requested that EPA allow use of the
previous (unamended) labels for a period of 60 calendar days from the
date on which the particular affected registrant receives EPA's
approval of the amendments, and that EPA allow a further amendment by
notification on or before December 1, 2003 to: (1) Delete the use
directions in effect prior to these amendments, and (2) to delete the
statement ``Effective December 31, 2003'' from the amended labels
approved by EPA. Furthermore, the registrants stated in their letters
that they will not amend or withdraw their requests before EPA acts on
them. The registrants also intend to notify their customers of the
amended labels by certified mail after EPA acts on the request.
The registrants also estimate that during the first year following
acceptance of the amendments by EPA, sales of new generation wood
treatment products are likely to increase to 15% to 25% of the total
average sales during 1999, 2000, and 2001 of the products identified in
Tables 1 and 2 for the non-industrial treatment categories subject to
these amendments, and are estimated to increase to 60% to 70% of the
same total average sales for these treatment categories subject to
these amendments during the second year following acceptance of the
amendments by EPA. Further, the registrants estimate that during the
first year following acceptance of the amendments by EPA, sales of the
products identified in Tables 1 and 2 are likely to decrease by 15% to
25% of their total average sales during 1999, 2000, and 2001 for the
non-industrial treatment categories subject to the amendments, and are
estimated to decrease by 60% to 70% of the same total average sales
during 1999, 2000, and 2001 for these treatment categories subject to
the amendments during the second year following acceptance of the
amendments by EPA.
III. What Action is the Agency Taking?
This notice announces receipt by the Agency under section 6(f)(1)
of FIFRA from the four identified registrants of CCA products of
requests to cancel two affected products and to amend other affected
CCA product registrations to terminate all uses with the exception of
the treatment of forest products listed above. The affected products
and the registrants making the requests are identified in Tables 1 - 3
below.
Table 1.--Registrations With Requests for Amendments to Terminate Uses
------------------------------------------------------------------------
Registration Number Product Name
------------------------------------------------------------------------
End Use Products
3008-17 K-33-C (72%) Wood
Preservative
[[Page 8246]]
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3008-21 Special K-33 Preservative
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3008-34 K-33 (60%) Wood Preservative
------------------------------------------------------------------------
3008-35 K-33 (40%) Type-B Wood
Preservative
------------------------------------------------------------------------
3008-36 K-33-C (50%) Wood
Preservative
------------------------------------------------------------------------
3008-42 K-33-A (50%) Wood
Preservative
------------------------------------------------------------------------
3008-72 Osmose Arsenic Acid 75%
------------------------------------------------------------------------
10465-26 CCA Type-C Wood Preservative
50%
------------------------------------------------------------------------
10465-28 CCA Type-C Wood
Preservative 60%
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10465-32 CSI Arsenic Acid 75%
------------------------------------------------------------------------
35896-2 Wood-Last Conc. Wood
Preservation AQ 50%
Solution CCA-Type A
------------------------------------------------------------------------
62190-2 Wolmanac
Concentrate 50%
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62190-8 Wolmanac
Concentrate 72%
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62190-14 Wolmanac
Concentrate 60%
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Manufacturing Use Products
3008-66 Arsenic Acid 75%
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10465-32 CSI Arsenic Acid 75%
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62190-7 Arsenic Acid 75%
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Table 2.--Registrations with Requests for Cancellation of Products
------------------------------------------------------------------------
Registration Number Product Name
------------------------------------------------------------------------
62190-5 WolmanacR Concentrate 70%
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62190-11 CCA Type C 50% Chromated
Copper Arsenate
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Table 3 below includes the names and addresses of record for all
registrants of the products in Tables 1 and 2.
Table 3.--Registrants Requesting Voluntary Termination of uses and/or
Cancellation of Products
------------------------------------------------------------------------
EPA Company No. Company Name and Address
------------------------------------------------------------------------
003008 Osmose, Inc.
980 Ellicott Street
Buffalo, NY 14209
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010465 Chemical Specialties. Inc.
One Woodlawn Green, Suite
250
200 E. Woodlawn Road
Charlotte, NC 28217
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035896 Phibro-Tech, Inc.
One Parker Plaza
Fort Lee, NJ 07024
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062190 Arch Wood Protection, Inc.
1955 Lake Park Drive, Suite
250
Smyrna, GA 30080
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IV. 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 a pesticide registration of the
registrant be canceled or amended to terminate one or more uses. The
Act further provides that, before acting on the request, EPA must
publish a notice of receipt of any such request in the Federal
Register. Thereafter, following the public comment period, the
Administrator may approve such a request.
V. Provisions for Disposition of Existing Stocks
In any order issued in response these requests for amendment to
terminate uses, the Agency proposes to include the following provisions
for the treatment of any existing stocks of the products identified or
referenced in Table 1:
All distribution, sale, and use of existing stocks of affected
manufacturing-use and end-use products will be unlawful under FIFRA
effective December 31, 2003, except for purposes of shipping such
stocks for relabeling or repackaging, export consistent with the
requirements of section 17 of FIFRA, or proper disposal, unless such
stocks have been relabeled or repackaged in a manner that is consistent
with this order.
In any order issued in response to the above-noted a request for
cancellation of a product registration, the Agency proposes to not
grant any period of time for disposition of existing stocks of the
products for which cancellation was requested as identified or
referenced in Table 2.
List of Subjects
Environmental protection, Pesticides and pests
Dated: February 15, 2002.
Frank Sanders,
Director, Antimicrobial Division, Office of Pesticide Programs.
[FR Doc. 02-4306 Filed 2-21-02; 8:45 am]
BILLING CODE 6560-50-S
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