Voluntary Cancellation of the Registrations of Simazine for Use in Swimming Pools, Hot Tubs, and Whirlpool Baths

ENVIRONMENTAL PROTECTION AGENCY

[OPP-64020; FRL 4771-5]

Voluntary Cancellation of the Registrations of Simazine for Use

in Swimming Pools, Hot Tubs, and Whirlpool Baths

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Receipt of Requests to Cancel and Cancellation

Orders.

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

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

136d(f)(1), announces EPA's receipt of requests from nine registrants

for the voluntary cancellation of fourteen registrations for products

that contain simazine for use as an algaecide in swimming pools, hot

tubs, and whirlpool baths. EPA accepts and grants these requests for

voluntary cancellation, effective on April 15, 1994. Also, pursuant to

section 4(i)(5)(D) of FIFRA, EPA is cancelling the registrations of two

EZ-Clor Systems products and one N. Jonas Company product for failure

to pay their annual registration maintenance fees for those products.

The effective date for these section 4(i) cancellations is on April 15,

1994. Existing stocks of all the products subject to the cancellation

orders in this notice may not be sold, distributed, or used effective

on April 15, 1994, except for (1) sale or distribution up through the

channels of trade to the former registrant of that product, or (2) for

lawful disposal.

DATES: The cancellations shall be effective on April 15, 1994.

FOR FURTHER INFORMATION CONTACT: By mail: Jeff Morris, Special Review

Branch, Special Review and Reregistration Division (7508W), U.S.

Environmental Protection Agency, 401 M Street, SW, Washington, DC

20460. Office location and telephone number: Special Review Branch, 3rd

floor, 2800 Crystal Drive, Arlington, VA 22202, (703) 308-8029.

SUPPLEMENTARY INFORMATION:

I. Risks Posed by Simazine in Swimming Pools and Related Uses

Simazine, which is used primarily as an agricultural herbicide, is

also used as an algaecide in swimming pools, hot tubs, and whirlpools.

These pool-related uses account for less than 2 percent of total

simazine usage. In 1989, EPA classified simazine as a Group C possible

human carcinogen, and in August of 1993, EPA conducted a risk

assessment of simazine swimming pool algaecide products. The risk

assessment revealed unacceptable cancer and non-cancer health risks to

children and adults exposed to water treated with simazine algaecides.

EPA's risk assessment is based on laboratory animal studies. These

studies indicate that short-term exposure to simazine may result in

weight loss and reduced red blood cell count (anemia), which are

reversible effects when exposure is terminated. The studies also show

that exposure to simazine poses a potential risk of cancer.

II. Cancellations Pursuant to Voluntary Cancellation Requests

Under section 6(f)(1) of FIFRA, a registrant may request at any

time that EPA cancel a pesticide registration (7 U.S.C. 136d(f)(1)).

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

request and allow public comment. The Administrator may waive the

comment period prior to issuing an order if the registrant requests a

waiver of the comment period, or if the continued use of the pesticide

would pose an unreasonable adverse effect on the environment.

The three registrants of technical simazine -- Ciba-Geigy, Drexel

Chemical, and Oxon-Italia -- are not supporting the swimming pool/hot

tub/whirlpool bath simazine uses. None of Drexel Chemical's products

are registered for aquatic use, and Ciba-Geigy and Oxon-Italia ceased

supporting all aquatic uses prior to EPA's risk assessment. The

aquatic-use cancellation for Ciba-Geigy, the supplier of technical

simazine for the swimming pool and related products, became effective

on October 9, 1992.

After EPA completed its assessment of the risks of simazine in

swimming pools, it notified registrants of the cancer and non-cancer

risks associated with simazine pool use. In view of these risks, nine

of the thirteen end-use registrants agreed to request voluntary

cancellation with no allowance for the formulation, sale, distribution,

or use of existing product stocks. They also agreed to waive the

comment period typically associated with such requests for voluntary

cancellation. Because the nine companies voluntarily requested

cancellation and asked for a waiver of the comment period, EPA orders

the cancellations to become effective on April 15, 1994.

III. Cancellation For Maintenance Fee Nonpayment

Section 4(i)(5)(A) of FIFRA, requires each registrant of a

pesticide to pay an annual maintenance fee to keep its pesticide

registrations in effect (7 U.S.C. 136a(5)(A)). On January 15, 1994, the

fees were due for the following simazine algaecide products: 3432-52

(N. Jonas Co., registrant), and 8791-14 and 8791-41 (EZ-Clor Systems,

registrant). Both registrants responded to EPA's request for fee

payment by indicating that they would voluntarily cancel their product

registrations in lieu of paying the annual maintenance fee. This notice

therefore serves as the final cancellation order for those products.

IV. Existing Stocks

For purposes of this order, existing stocks are defined as those

stocks of simazine products for use in swimming pools, hot tubs, and

whirlpool baths that were in the United States and were packaged,

labeled, and released for shipment prior to April 15, 1994.

EPA has an established policy for determinations concerning the

sale, distribution, and use of existing stocks of cancelled pesticides

(June 26, 1991 (56 FR 29362)). That policy states that in cases where

EPA has identified a significant risk concern and the registration is

cancelled, EPA will make existing stocks determinations on a case-by-

case basis. In most cases EPA will not permit the continued sale,

distribution, or use of a cancelled product raising risk concerns

unless it can be demonstrated that the benefits exceed the risks. EPA

reserves the right to amend this existing stocks provision, should

conditions warrant such amendment.

EPA has determined that it will not allow further distribution,

sale, or use of existing stocks of any registered product subject to

this notice by any person, except for (1) sale or distribution up

through the chain of distribution to the former registrant of that

product, or (2) for lawful disposal. It is the responsibility of the

basic registrants to notify any and all supplementally registered

distributors of their product(s) that this cancellation order also

applies to their supplementally registered products. Registrants may be

held liable for violations committed by their distributors.

The swimming pool-related uses of simazine pose significant cancer

and non-cancer risk. Moreover, information submitted to EPA does not

demonstrate that the benefits of continued sale, distribution, and use

of existing stocks outweigh these risks. The benefits resulting from

the use of existing stocks appear negligible, in that there are more

than 250 non-simazine algaecide products available for pool-related

uses. The amount of formulated simazine product in the channels of

trade appears to be relatively small: registrants have indicated to EPA

that there are 66,000 pounds of granular product and 53,800 gallons of

liquid product in their possession or in the channels of trade. Of that

existing-stocks amount, 31,300 pounds is unformulated Ciba-Geigy

simazine product that Ciba-Geigy has agreed to buy back from the

registrants. Finally, EPA has taken steps that should have reduced the

amount of stocks currently in the hands of registrants, retailers, and

distributors. In December of 1993, EPA notified registrants of the

risks associated with the products and asked them to stop formulating,

selling, and distributing their products.

As a result of the cancellation order and existing stocks

determination, a product subject to this Notice may only be sold or

distributed if it is both: (1) packaged, labeled, and released for

shipment prior to April 15, 1994, and (2) sold or distributed (a) up

through the chain of distribution to the former registrant of the

product, or (b) for lawful disposal.

V. Registrations Subject to Cancellation Order

The registrations subject to this cancellation order are listed

below in Table 1.

Table 1. -- Registrations Subject To This Cancellation Order

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EPA Reg. No. Product Name Company Name

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3432-52*............... S-90 Algaecide N. Jonas & Co.

7364-23................ Algimycin 400 Great Lakes

Biochemical Co., Inc.

7364-39................ GLB Algimycin 600 Great Lakes

Biochemical Co., Inc.

8791-14*............... EZ-Clor Algi-Kleer EZ-Clor Systems

8791-41*............... Poly-Kleer 4000 EZ-Clor Systems

Algaecide

8959-35................ Wintertrine Winterizer Applied Biochemists

9610-12................ Algamaster II Algaecide Poolmaster, Inc.

11411-13............... Leslie's Algae Out Leslie's Swimming Pool

Supplies, Inc.

11411-14............... Leslie's Algae Control Leslie's Swimming Pool

II Supplies, Inc.

12014-58............... Poolcare Simazine Alga A & V, Inc.

Stop

42177-43............... Olympic Poly-Algazine York Chemical Corp.

30-35

42177-56............... Olympic Algazine 90 York Chemical Corp.

45309-39............... Swim Free 400 Algaecide Aqua Clear Industries

45309-40............... Swim Free Dry Granular Aqua Clear Industries

Winterizer

45309-45............... Swim Free Granular Aqua Clear Industries

Algaecide

54614-3................ Super Algyzine Western Purity

Biochemical, Inc.

58307-3................ Poolzine 90 Quantum Biochemical

Co., Inc.

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*Cancelled through non-payment of annual registration maintenance fees.

VI. Cancellation Order

I approve the cancellation of the above 17 products, as well as the

determination that from the date of this notice, all sale,

distribution, and use of the existing stocks of these products is

prohibited. Accordingly, this cancellation order shall become effective

on April 15, 1994. Effective on April 15, 1994, a product subject to

this notice may only be sold or distributed if it is both: (1)

packaged, labeled, and released for shipment prior to April 15, 1994,

and (2) sold or distributed (a) up through the chain of distribution to

the former registrant of the product, or (b) for lawful disposal.

List of Subjects

Environmental protection, Agricultural commodities, Pesticides and

pests.

Dated: April 5, 1994.

Douglas D. Campt,

Director, Office of Pesticide Programs.

[FR Doc. 94-9158 Filed 4-14-94; 8:45 am]

BILLING CODE 6560-50-F