Notice of Receipt of Requests to Cancel A Chromated Copper
Arsenate (CCA) Use and to Amend Current Label Language
[Federal Register: September 8, 2004 (Volume 69, Number 173)]
[Notices]
[Page 54278-54280]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se04-45]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0266; FRL-7674-7]
Notice of Receipt of Requests to Cancel A Chromated Copper
Arsenate (CCA) Use and to Amend Current Label Language
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 issuing a
notice of receipt of requests from registrants of pesticide products
containing Chromated Copper Arsenate (CCA) to amend affected
registrations to terminate the use ``members out of water and not
subject to salt water [or brackish water]
splash, and not in soil
use,'' as currently stated under American Wood Preservers' Association
(AWPA) Standard C18 (Wood for Marine Construction)(For further
information, please refer to the CCA guidance document at http://
www.epa.gov/pesticides/factsheets/chemicals/cca_awpa_june.pdf). The
requests for use termination proposed replacement label language
reflecting the use terminations.
These registrants are requesting that these voluntary use
terminations and associated label revisions become effective December
31, 2004. Each registrant waived the 180-day comment period (i.e., any
comment period in excess of 30 days).
DATES: Unless a request is withdrawn by October 8, 2004, the Agency
intends to issue cancellation orders granting these requests to amend
to terminate certain uses. The Agency will consider withdrawal requests
postmarked no later than October 8, 2004.
FOR FURTHER INFORMATION CONTACT: Rebecca Miller, Antimicrobials
Division (7510C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-0012; e-mail address:
miller.rebecca@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, sell,
distribute 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-2004-0266. 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,
1801 S. Bell Street, Arlington, VA. This docket facility is open from
8:30 a.m. to 4:00 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.
II. What Action is the Agency Taking?
This notice announces receipt by the Agency of requests from
registrants of pesticide products containing Chromated Copper Arsenate
(CCA) to amend affected registrations to terminate the use ``members
out of water and not subject to salt water [or brackish water]
splash,
and not in soil use,'' as currently stated under American Wood
Preservers' Association (AWPA) Standard C18 (Wood for Marine
Construction). The registrants requesting use termination have included
proposed replacement label language reflecting the use terminations.
The registrants made the requests by letters dated June 4, 2004
(Osmose, Inc.), June 10, 2004 (Arch Wood Protection, Inc.), and June
28, 2004 (CSI, Inc.). In the letters, each of the registrants waived
the 180-day comment period (i.e., any comment period in excess of 30
days). The label language proposed by the registrants is as follows:
A. Revised Language Experimental Use Permit (EUP)
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 (AWPA)
Standards: Lumber and Timber for Salt Water Use Only (C2), Piles
(C3), Poles (C4), Plywood (C9), Wood for Highway Construction (C14),
Round, Half Round and Quarter Round Fence Posts (C16), Poles, Piles
and Posts Used as Structural Members on Farms, and Plywood Used on
Farms (C16), Wood for Marine Construction (C18), Lumber and Plywood
for Permanent Wood Foundations(C22), 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); and in
[[Page 54279]]
accordance with the respective cited standard (noted
parenthetically) of the 2002 edition of the American Wood-
Preservers' Association Standards: Lumber, Timbers and Plywood for
Cooling Towers (C30). Forest products treated with this product may
only be sold or distributed for uses within the AWPA Commodity
Standards under which the treatment occurred.
Effective December 31, 2004, 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 (AWPA) Standards: Lumber and Timber for Salt
Water Use (also includes brackish water) Only (C2), Piles (C3),
Poles (C4), Plywood(C9), Wood for Highway Construction (C14), Round,
Half Round and Quarter Round Fence Posts (C16), Poles, Piles and
Posts Used as Structural Members on Farms, and Plywood Used on Farms
(C16), Wood for Marine Construction for Salt Water Use (also
includes brackish water)(immersion and/or subject to saltwater (or
brackish water) splash[``subject to saltwater (or brackish water)
splash'' means any member of a marine structure which is positioned
above mean high tide, but is subject to frequent wetting from wave
action], [Pilings (sheet, round and square), Timbers, and Plywood;
Walers, Framing, Stringers and Cross Bracing (2"x8" and/or 3"x6" and
larger nominal dimensions and treated to a minimum of 0.60 pcf)
(C18), Lumber and Plywood for Permanent Wood Foundations (C22),
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); and in accordance with the respective
cited standard (noted parenthetically) of the 2002 edition of the
American Wood-Preservers' Association Standards: Lumber, Timbers and
Plywood for cooling Towers (C30). Forest products treated with this
product may only be sold or distributed for uses within the AWPA
Commodity Standards under which the treatment occurred, except where
otherwise provided above.
B. Revised Language Manufacturing Use Product (MUP)
This product may only be used (1) for formulation of the
following end-use wood preservative products: ammoniacal copper zinc
arsenate(ACZA) or chromated copper arsenate (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.
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 (AWPA)
Standards: Lumber and Timber for Salt Water Use Only (C2), Piles
(C3), Poles (C4), Plywood(C9), Wood for Highway Construction (C14),
Round, Half Round and Quarter Round Fence Posts (C16), Poles, Piles
and Posts Used as Structural Members on Farms, and Plywood Used on
Farms (C16), Wood for Marine Construction (C18), Lumber and Plywood
for Permanent Wood Foundations(C22), 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);
and in accordance with the respective cited standard(noted
parenthetically) of the 2002 edition of the American Wood-
Preservers' Association Standards: Lumber, Timbers and Plywood for
Cooling Towers (C30). Forest products treated with this product may
only be sold or distributed for uses within the AWPA Commodity
Standards under which the treatment occurred.
Effective December 31, 2004, 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 (AWPA) Standards: Lumber and Timber for Salt
Water Use (also includes brackish water) Only (C2), Piles (C3),
Poles (C4), Plywood(C9), Wood for Highway Construction (C14), Round,
Half Round and Quarter Round Fence Posts (C16), Poles, Piles and
Posts Used as Structural Members on Farms, and Plywood Used on Farms
(C16), Wood for Marine Construction for Salt Water Use (also
includes brackish water)(immersion and/or subject to saltwater (or
brackish water) splash[``subject to saltwater (or brackish water)
splash'' means any member of a marine structure which is positioned
above mean high tide, but is subject to frequent wetting from wave
action], [Pilings (sheet, round and square), Timbers, and Plywood;
Walers, Framing, Stringers and Cross Bracing (2"x8" and/or 3"x6" and
larger nominal dimensions and treated to a minimum of 0.60 pcf)
(C18), Lumber and Plywood for Permanent Wood Foundations (C22),
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); and in accordance with the respective
cited standard (noted parenthetically) of the 2002 edition of the
American Wood-Preservers' Association Standards: Lumber, Timbers and
Plywood for Cooling Towers (C30). Forest products treated with this
product may only be sold or distributed for uses within the AWPA
Commodity Standards under which the treatment occurred, except where
otherwise provided above.
Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, the Agency intends to issue cancellation
orders granting these requests and ordering the registration amendments
and label revisions. Users of these pesticides or anyone else desiring
the retention of the affected use or having any comment on the proposed
label language should contact the applicable registrant directly during
this 30-day period.
Table 1 includes the names and addresses of record for all
registrants, by EPA company number, requesting voluntary termination of
certain uses of products listed in Table 2:
Table 1.--Registrants Requesting Voluntary Termination of Certain Uses
Listed in Table 2
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EPA Company No. Company name and address
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062190 Arch Wood Protection, Inc.,
1955 Lake Park Drive, Suite
250,
Smyrna, GA 30080
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010465 Chemical Specialties, Inc.,
One Woodlawn Green,
Charlotte, NC 28217
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003008 Osmose Inc.,
980 Ellicott Street
Buffalo, NY 14209-2398
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Table 2.--Registrations With Requests for Amendments to Terminate
Certain Uses
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Registration Number Product Name
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End Use Products
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003008-17 K-33-C (72%) Wood
Preservative
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003008-21 Special K-33 Preservative
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003008-34 K-33 (60%) Wood Preservative
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003008-35 K-33 (40%) Type-B Wood
Preservative
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003008-36 K-33-C (50%) Wood
Preservative
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003008-42 K-33-A (50%) Wood
Preservative
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003008-72 Osmose Arsenic Acid 75%
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010465-26 CCA Type-C Wood Preservative
50%
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010465-28 CCA Type-C Wood Preservative
60%
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[[Page 54280]]
010465-32 CSI Arsenic Acid 75%
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035896-2 Wood-Last Conc. Wood
Preservation AQ 50%
Solution CCA-Type A
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062190-2 Wolmanac Concentrate 50%
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062190-8 Wolmanac Concentrate 72%
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062190-14 Wolmanac Concentrate 60%
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Manufacturing Use Products
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003008-66 Arsenic Acid 75%
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010465-32 CSI Arsenic Acid 75%
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062190-7 Arsenic Acid 75%
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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 use. 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 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,
postmarked before October 8, 2004. 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 order or use termination are
controlling. The withdrawal request must also include a commitment to
pay any reregistration fees 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 this general approach
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.
The registrants making these requests asked for no existing stocks
provisions. Should these requests be granted, on or after December 31,
2004, any sale, distribution, or use of existing stocks by the
registrants of the subject registrations would be prohibited. This
refers to CCA product labels that bear the proposed-to-be deleted C18
Marine Use, ``members out of water and not subject to saltwater [or
brackish water]
splash and not in soil use.'' Sale, distribution or use
of the stocks in the channels of trade by persons other than the
registrant may continue until depleted, provided any sale, distribution
or use is in accordance with the existing label of that product.
List of Subjects
Environmental Protection, Chromated Copper Arsenate, Treated Wood,
Pesticides and Pests.
Dated: August 27, 2004.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 04-20336 Filed 9-7-04; 8:45 am]
BILLING CODE 6560-50-S