Notice of Receipt of Request for Cancellation, Announcement of Cancellation Order, and FIFRA Section 6(g) Notification for Mevinphos

DEPARTMENT OF ENERGY

[OPP-66199; FRL-4904-1]

Notice of Receipt of Request for Cancellation, Announcement of

Cancellation Order, and FIFRA Section 6(g) Notification for Mevinphos

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice, pursuant to section 6(f)(1) of the Federal

Insecticide, Fungicide, and Rodenticide Act (FIFRA), announces EPA's

receipt and acceptance of a request from Amvac Chemical Corporation to

voluntarily cancel all registrations of pesticide products containing

mevinphos (2-carbomethoxy-1-methylvinyl dimethyl phosphate, alpha and

beta isomers) (trade name Phosdrin). EPA granted the request for

voluntary cancellation effective on July 1, 1994, and issued a

cancellation order to the registrant on the same date. The registrant

in its request for voluntary cancellation requested to waive the 90-day

public comment period. The Agency waived the 90-day comment period

based on the registrant's request and because it had determined that

the continued use of mevinphos poses an unreasonable risk of poisoning

to agricultural workers and bystanders. As of July 1, 1994, sale,

distribution, and use of canceled mevinphos products is permitted only

if such sale, distribution, or use is consistent with the terms of the

cancellation order. 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 pesticide

products containing mevinphos which are canceled through the order is

required to notify the Agency and appropriate State and local officials

of the quantity and location of canceled mevinphos in their possession

in accordance with the procedures, timeframes, and requirements set out

in this notice.

DATES: The cancellations became effective on July 1, 1994. Required

notification of possession of canceled products containing mevinphos:

(a) producers, exporters, the registrant, applicants for a

registration, applicants or holders of an experimental use permit,

dealers, distributors, and retailers must report its holdings of such

products by January 31, 1995, and (b) commercial applicators must

submit reports by March 28, 1995.

FOR FURTHER INFORMATION CONTACT: For voluntary cancellation: By mail:

Richard Dumas, Special Review Branch, Special Review and Reregistration

Division, Office of Pesticide Programs (7508W), Environmental

Protection Agency, 401 M St., SW., Washington, DC 20460. Office

location and telephone number: 3rd floor, Crystal Station #1, 2800

Crystal Drive, Arlington, VA 22202, (703) 308-8015. For notification of

possession of canceled products and compliance issues: By mail: Chief,

Agriculture Branch, Agriculture and Ecosystems Division, Office of

Compliance, Office of Enforcement and Compliance Assurance (2225W),

Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.

Office location and telephone number: Crystal Station #1, 2800 Crystal

Drive, 5th Floor, Arlington, VA 22202, (703)308-8383. For RCRA

requirements for managing mevinphos as a waste: RCRA/Superfund

Industrial Assistance Hotline: 800-424-9346.

SUPPLEMENTARY INFORMATION: This notice is divided into two units. Unit

I concerns requests for voluntary cancellations submitted in response

to the Agency's determination that mevinphos poses unreasonable adverse

effects, outlines the Cancellation Order of July 1, 1994, and gives

detailed requirements regarding existing stocks of canceled mevinphos

products. These requirements concern the distribution, sale, export,

use and disposal of existing stocks of mevinphos. Unit II outlines the

additional requirement under FIFRA section 6(g) that affected persons

notify EPA, and the appropriate State and local officials, of canceled

products containing mevinphos that are in their possession (7 U.S.C.

136d(g)).

I. Cancellation Order for Mevinphos Registrations

A. Requests for Voluntary Cancellation

On June 30, 1994, Amvac Chemical Corporation, the sole registrant

of mevinphos pesticide products, submitted a voluntary cancellation

request in which it agreed to voluntarily cancel all mevinphos

registrations, immediately cease production of all mevinphos products

for sale, distribution, and use in the U.S., and set terms for the

sale, distribution, and use of existing stocks in the channels of

trade. This request was submitted on the same day EPA was prepared to

initiate action to suspend mevinphos product registrants under FIFRA

section 6(c), based on unreasonable risk of poisoning to mixer/loaders,

applicators, other farmworkers, and bystanders (7 U.S.C. 136d(c)).

The products for which cancellation was requested are listed in

Table 1 below which include all section 3 registrations and section

24(c) Special Local Needs registrations for mevinphos (7 U.S.C. 136a

and 136v(c)).

Table 1. Mevinphos Registrations

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Registration Number Product Name

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5481-113 Durham Duraphos EM-4

5481-114 Phosdrin IPA 4

5481-161 Phosdrin 10.3 WS Insecticide

5481-248 Phosdrin 400 (formerly Royal Brand

Phosdrin Insecticide Spray

Concentrate)

5481-411 Phosdrin Insecticide

5481-412 Phosdrin 4 EC Insecticide

5481-425 Mevinphos Insecticide Technical

CA80001800 Phosdrin 4 EC Insecticide (5481-412)

CA81000300 Phosdrin 4 EC Insecticide (5481-412)

CA86006300 Phosdrin 4 EC Insecticide (5481-412)

CA86007300 Phosdrin 4 EC Insecticide (5481-412)

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Under section 6(f)(1)(A) of FIFRA, registrants may request at any

time that EPA cancel any of their pesticide registrations (7 U.S.C. 136

d(f)(1)(A)). If the pesticide for which cancellation was requested is

registered for any minor agricultural use, section 6(f)(1)(C) dictates

that EPA publish in the Federal Register a notice of the receipt of the

cancellation request, and allow 90 days for public comment before

granting the request unless either the registrants request a waiver of

the 90-day period or the Administrator determines that the continued

use of the pesticide would pose an unreasonable adverse effect on the

environment (7 U.S.C. 136d(f)(1)(C)). The Agency has waived the 90-day

comment period based on the registrant's request and because it has

determined that the continued use of mevinphos poses an unreasonable

risk to mixer/loaders, applicators, other agricultural workers, and

bystanders. As part of its request, Amvac committed to conduct a

voluntary recall. This commitment is discussed in unit B below. The

Agency accepted Amvac's request for voluntary cancellation and issued a

cancellation order covering all products listed in Table 1, effective

on July 1, 1994.

B. Summary of the Cancellation Order

The terms of the cancellation order allow continued sale and

distribution of existing stocks of canceled products through December

31, 1994, and continued use through February 28, 1995, of such stocks

pursuant to the terms of prior approved labeling.

Any distribution, sale, or use of existing stocks of the products

listed in Table 1 that is not consistent with the terms of the Existing

Stocks Provision of the Cancellation Order will be considered a

violation of FIFRA section 12(a)(2)(K) and/or section 12(a)(1)(A) (7

U.S.C. 136a(1)(A) and (2)(K)).

For the purposes of the cancellation order, existing stocks are

those stocks of previously-registered mevinphos products as listed in

Table 1 which were in the United States and were packaged, labeled, and

released for shipment prior to the cancellation of the product's

registration on July 1, 1994. The existing stocks provisions are as

follows:

1. Distribution or sale. No person may distribute or sell existing

stocks of canceled mevinphos products after December 31, 1994.

Commercial applicators may apply mevinphos, in accordance to prior

approved labeling, through February 28, 1995.

2. Use of existing stocks. No person may use existing stocks of

canceled pesticide products containing mevinphos after February 28,

1995.

3. Recall of product in hands of distributors and dealers. The

registrant agreed to conduct a voluntary recall. The registrant must

develop and implement a recall program in accordance with a recall plan

that is acceptable to the Agency. Guidance for developing a voluntary

recall plan is located in the Agency's proposed rule on pesticide

management and disposal (58 FR 26856, May 5, 1993). All mevinphos

product in the hands of distributors and dealers after December 31,

1994, will be eligible for recall. As part of the recall program, the

registrant will contact all of its mevinphos distributors and make

reasonable efforts to contact mevinphos dealers to inform them of the

availability of the recall program and to inform them of the

availability of storage facilities to receive any of the registrant's

products which such dealers and distributors may have after December

31, 1994. As part of the recall, Amvac must pay the appropriate expense

for the recall conducted. Amvac agreed that if it fails to

appropriately develop and implement a voluntary recall program, EPA may

issue a mandatory recall order. Such recall order would be based on the

authority of the agreement between EPA and Amvac, and the cancellation

order.

4. Exception to prohibition of sale and distribution.

Notwithstanding any other provision of the cancellation order, the

transfer of canceled products to the registrant will be allowed if such

transfer is for the purpose of collecting products for disposal or

export. In order to be exported, such stocks must comply with the

labeling and purchaser acknowledgement requirements for unregistered

pesticides under FIFRA section 17(a) (7 U.S.C. 136 o(a)) and the

Agency's Export Policy and Procedures for Exporting Unregistered

Pesticides in 40 CFR part 168 subpart D. In addition, recordkeeping

requirements for exported pesticides in 40 CFR 169.2(h) apply. The

required procedures include the requirement that: Pesticide product be

labeled ``Not Registered for Use in the United States of America,''

certain label and labeling statements appear in English and in the

language(s) of the country(ies) of import, and that all exportations

meet the Foreign Purchaser Acknowledgement Statement (FPAS) procedures

described in 40 CFR 169.75. As stated in 40 CFR 168.75, FPASs must be

sent to: Environmental Protection Agency, Office of Pesticide Programs

(7501C), 401 M St., SW., Washington, DC 20460, and marked, ``Attention:

Purchaser Acknowledgement Statement.'' In addition to the labeling

requirements stated in 40 CFR 168.65, all exported products must be

labeled ``Not for Distribution, Sale or Use in the United States of

America.''

5. Disposal of canceled mevinphos product. Under Resource

Conservation and Recovery Act (RCRA) regulations, commercial chemical

products such as pesticides become ``solid wastes'' (and thus

potentially, hazardous wastes) at the point when a decision is made to

discard them. Once intended for disposal, the canceled mevinphos

pesticides that have become ``waste'' are regulated under RCRA. In

addition to the requirements governing disposal under RCRA, there may

also be State and local requirements applicable to the disposal of

mevinphos products. Persons are encouraged to contact their State and

local authorities regarding the safe disposal of mevinphos products.

Information on the correct waste classification of canceled mevinphos

products can be obtained from the registrant. For further information

about the RCRA requirements for managing mevinphos as a waste, contact

the RCRA/Superfund Industrial Assistance Hotline at: 800-424-9346.

II. Notification of Possession of Canceled Products as Required

Under FIFRA Section 6(g)

A. Pesticides Required to be Reported

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

canceled pesticide products containing mevinphos which has been

canceled under FIFRA section 6 (hereafter, referred to as ``affected

persons'') must notify EPA and appropriate State and local officials

of: (1) Such possession; (2) the quantity of suspended mevinphos

pesticide product possessed; and, (3) the place at which the suspended

mevinphos pesticide product is stored. The term ``affected person''

includes affected individuals, partnerships, associations,

corporations, or any organized group of persons whether incorporated or

not. 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

Notice. End-users, except commercial applicators, are not required to

report their stocks of canceled mevinphos products.

Pursuant to FIFRA section 6(g), affected persons must report the

information described below for canceled mevinphos pesticide products

which are in their possession as of December 31, 1994. Canceled

mevinphos 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 are to be reported by the person in physical

possession of the pesticide.

The Office of Management and Budget (OMB) has given approval for

the collection of information under FIFRA 6(g) and 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 mevinphos.

4. The relationship of the affected person (company) to the

canceled mevinphos pesticide products being reported under FIFRA

section 6(g) (i.e., exporter, producer, registrant, 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 mevinphos

pesticide product is held.

6. For each location listed, the quantity (pounds, gallons, or

other appropriate measure) of canceled mevinphos pesticide product

listed by the number of units of each size container (pound, gallons,

or other appropriate measure) and by EPA registration number (e.g., x

units of 5 gallon containers of EPA registration number xxx-xxx).

C. When to Report

Affected persons must submit FIFRA 6(g) information according to

the following timeframes:

1. The registrant of canceled mevinphos must report by January 31,

1995.

2. Producers, exporters, applicants for a registration, applicants

or holders of an experimental use permit, dealers, distributors, and

retailers, must report by January 31, 1995.

3. Commercial applicators must report by March 28, 1995.

4. Other end-users other than commercial applicators are not

required to report their possession of canceled products containing

mevinphos.

D. Where to Submit Section 6(g) Information

The FIFRA section 6(g) information is to be sent to each of the

following locations:

1. EPA. Chief, Agriculture Branch, Agriculture and Ecosystems

Division, Office of Compliance, Office of Enforcement and Compliance

Assurance (2225W), Environmental Protection Agency, 401 M St., SW.,

Washington, DC 20460, ``Attention: FIFRA Section 6(g) Information.''

2. State. Chief Pesticide Regulatory Official, of the agency in the

State government which enforces the State pesticide laws where the

canceled mevinphos pesticide product is stored. Envelopes must be

marked, ``Attention: FIFRA Section 6(g) Information.''

3. Local. Chair of the Local Emergency Planning Committee (LEPC),

for the location where the canceled mevinphos 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 (SERC) 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 up to $5,000 per

offense. Affected persons who possess canceled or suspended 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,

submitted late, incomplete, or inaccurate.

Dated: July 27, 1994.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 94-18751 Filed 7-29-94; 8:45 am]

BILLING CODE 6560-50-F