Product Containing Methyl Bromide and 1,3-Dichloropropene; Voluntary Cancellation of Registration

ENVIRONMENTAL PROTECTION AGENCY

[OPP-66197; FRL-4902-8]

Product Containing Methyl Bromide and 1,3-Dichloropropene;

Voluntary Cancellation of Registration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; Receipt of Request to Cancel and Cancellation Order.

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SUMMARY: EPA has received a request from Soil Chemicals Corp., Inc., to

voluntarily cancel its registration for a product containing the active

ingredients methyl bromide and 1,3-dichloropropene. EPA accepts and

grants this request for voluntary cancellation.

DATES: This cancellation is effective August 10, 1994. Existing stocks

of this product, Brom 70/30, may not be sold, distributed, or used

effective August 10, 1994. The registrant has requested that the 90-day

comment period be waived.

FOR FURTHER INFORMATION CONTACT: By mail: Lisa Nisenson, Special Review

and Reregistration Division (7508W), Environmental Protection Agency,

401 M St., SW., Washington, DC 20460. Office location and telephone

number: Special Review Branch, Rm. 2N6, 2800 Crystal Drive Arlington,

VA (703)-308-8031.

SUPPLEMENTARY INFORMATION:

I. Background

This notice is issued pursuant to section 6(f)(1) of the Federal

Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C.

136d(f)(1). It announces the Agency's decision to grant Soil Chemicals

Corp.'s request for cancellation of the registration of Brom 70/30 (EPA

registration number 8536-10).

Brom 70/30 is a fumigant product used to control nematodes and soil

fungi as well as several other soil-borne pathogens on strawberries,

tomatoes, seed beds, and floral and nursery crops. This product

contains 1,3-dichloropropene and methyl bromide, and EPA has recently

taken action affecting the regulatory status of both of these active

ingredients.

1,3-Dichloropropene is registered by DowElanco and is marketed as

Telone and Telone C-17. In addition to selling Telone as an end-use

product, DowElanco also sells Telone to reformulators such as Soil

Chemicals Corp., who add other active ingredients for specialized

pesticidal needs. 1,3-Dichloropropene was placed in EPA's special

review in 1986 based on cancer concerns for applicators and loaders.

Groundwater contamination and possible residues in food were also

noted. Several studies were required through the pesticide

reregistration program to further define human exposure and potential

ground water contamination.

On October 7, 1992, EPA and DowElanco entered into an agreement to

modify the registrations and labels of its 1,3-dichloropropene products

to reflect risk-reduction measures. The risk reduction measures were

sought both through use reduction and through 1,3-dichloropropene-

specific technology to reduce the amount of the chemical that escapes

into the atmosphere. In addition, timeframes were set for all remaining

studies, and DowElanco revised its product stewardship program to

reflect the label changes. The agreement also specified that a clause

be added to the Telone labels requiring that any product reformulated

from or containing the Telone product bear an EPA-approved label

containing all of the required changes in the timeframes specified in

the agreement. EPA sent copies of the agreement to all registrants of

products containing Telone with instructions as to how and when to

respond.

On May 24, 1993, Soil Chemicals Corp. submitted labels for the

first label changes from the October 1992 agreement, which were to take

effect June 30, 1993. Soil Chemicals Corp. submitted labels for its

1,3-dichloropropene/chloropicrin products, as well as the Brom 70/30

product. These labels were rejected because new uses had been added to

the revised labels without proper compensation agreements, as well as

for other deficiencies. Soil Chemicals Corp. resubmitted corrected

revised labels for the products containing 1,3-dichloropropene and

chloropicrin, but none for Brom 70/30. Because the Brom 70/30 label

does not contain the required changes for 1,3-dichloropropene, this

product is now misbranded under FIFRA section 12(a)(1)(E) and subject

to enforcement action.

In addition, EPA issued its final regulation for the worker

protection standard (WPS) on August 21, 1992. The WPS provides basic

information and protective measures for all persons involved in the

handling of pesticides both during and after application. EPA decided

to issue guidance for each fumigant separately since the chemical

properties, and thus protective requirements, of each fumigant differ

greatly.

Due to 1,3-dichloropropene's small molecular size and high

volatility, EPA requires tight-fitting protection, such as respirators,

gloves, and face-sealing goggles. For methyl bromide, however, its

corrosivity demands loose-fitting protective clothing. If tight-fitting

clothing were also worn during methyl bromide use, the trapped chemical

could cause serious skin damage.

Because of the conflicting WPS requirements and noncompliance with

the label requirements arising from the October 1992 agreement, EPA

issued a letter to Soil Chemicals Corp. on March 7, 1994, outlining the

issues as discussed above, and explaining regulatory options to address

the non-compliance with both the Telone label and the WPS.

II. Request for Voluntary Cancellation

In a letter dated March 21, 1994, Soil Chemicals Corp. requested

voluntary cancellation of Brom 70/30. The company noted in the letter

that it had not sold the product for the past 2 years and, further,

claimed that neither the company nor supplemental distributors have any

product under their custody. This claim is supported by results of a

1990 Data Call-In that was issued to collect information on use, usage,

and product performance from 1988 to 1990. Soil Chemicals Corp.

reported no use of Brom 70/30. In addition, Soil Chemicals Corp. asked

that the 90-day comment period allowed by section 6(f) of FIFRA be

waived.

III. EPA's Decision on the Request for Voluntary Cancellation and

Existing Stocks Determination

EPA is hereby granting Soil Chemicals Corp.'s request to cancel the

registration of Brom 70/30. EPA is not allowing the sale, distribution,

or use of any existing stocks due to Soil Chemicals Corp.'s

noncompliance with the October 1992 agreement and the requirements

associated with the WPS. That standard mandates that any product sold

after April 21, 1994 must bear language from the WPS. Because Soil

Chemicals Corp. has not submitted a label for approval, any Brom 70/30

product is out of compliance and subject to enforcement action. EPA

expects little or no impact to distributors or users because the

registrant reported no stocks in the channels of trade, and because the

results of a 1990 Data Call-In for products containing 1,3-

dichloropropene showed no use of this product from 1988 to 1990.

IV. Cancellation Order

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 to

allow public comment before granting the request unless either the

registrant requests a waiver of the notice or the Administrator

determines that the continued use of the pesticide would pose

unreasonable adverse affects on the environment. Soil Chemicals Corp.

requested voluntary cancellation and waived any comment period.

I approve the order cancelling the registration of Brom 70/30.

Accordingly, this cancellation shall be effective and no person may

distribute, sell, or use this product as of August 10,1994. Any sale,

distribution or other disposition of existing stocks that is not

consistent with the terms of this Order will be considered a violation

of FIFRA section 12(a)(2)(K) and/or section 12(a)(1)(A), as

appropriate.

List of Subjects

Environmental protection, Administrative practice and procedure,

Agricultural commodities, Pesticides and pests, Recording and

recordkeeping requirements.

Dated: August 1, 1994.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 94-19398 Filed 8-9-94; 8:45 am]

BILLING CODE 6560-50-F