Voluntary Cancellation of Certain Pesticide Products

ENVIRONMENTAL PROTECTION AGENCY

[OPP-66238; FRL-5598-1]

Voluntary Cancellation of Certain Pesticide Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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

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

receipt of requests from certain registrants to voluntarily cancel

registrations of certain pesticide products containing methyl parathion

(O,O-dimethyl-O-(p-nitrophenyl)phosphorothioate). These requests for

voluntary cancellation are the result of an agreement between the

Agency and the registrants to restrict the terms and conditions for the

sale and use of certain methyl parathion products in the United States

in order to curb illegal use. EPA is granting the requests for

voluntary cancellation effective on publication of this notice. After

publication of this notice, sale, distribution, and use of canceled

methyl parathion products will only be permitted if such sale,

distribution, or use is consistent with the terms of the Cancellation

Order contained herein.

Dates: The cancellations shall become effective on April 30, 1997.

FOR FURTHER INFORMATION CONTACT: Mark Wilhite, 7508W, Special Review

and Reregistration Division, Office of Pesticide Programs,

Environmental Protection Agency, 401 M St., SW., Washington, DC 20046.

Office location, telephone number, and e-mail address: Rm. 3WH2,

Crystal Station, 2805 Jefferson Davis Highway, Arlington, VA,

Telephone: 703-308-8586, e-mail: [email protected].

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

I. includes: (1) Requests for voluntary cancellations resulting from an

agreement to cancel certain methyl parathion products because of the

risks associated with the widespread misuse and illegal diversion of

these products; and, (2) the Cancellation Order granting the requests

for cancellation and establishing requirements relating to

distribution, sale, and use of existing stocks of canceled methyl

parathion products. Unit II. contains the agreement in its entirety.

I. Voluntary Cancellations

A. Requests for Voluntary Cancellation

By an agreement dated December 30, 1996 (the ``Agreement'') , EPA

and certain registrants of products containing methyl parathion agreed

to change the packaging, formulation, and labeling of their products to

prevent illegal diversion to indoor use. The Agreement is printed in

its entirety in Unit II. of this notice. Methyl parathion is an acutely

toxic organophosphate pesticide registered for outdoor agricultural

uses only. Recently, EPA learned of a number of incidents in which

methyl parathion products were illegally used in residences, day care

centers, and churches posing potentially significant health risks and

resulting in significant relocation and cleanup costs. In order to make

the illegal diversion of methyl parathion to indoor use more difficult

and unlikely, the registrant(s) agreed to recall unopened containers of

certain methyl parathion end-use products; package certain methyl

parathion products in returnable, refillable containers with a tamper-

resistant mechanism; place a unique identification number that will

remain on the label at all times to facilitate tracking in the

distribution chain; and, add a stenching agent to these products. The

registrants have also agreed to educate and remind distributors,

sellers, agricultural users, and occupants of indoor areas of the risks

of illegal indoor use and of the importance of using methyl parathion

products only for their lawfully labeled uses.

As part of the Agreement, registrants agreed to submit applications

for replacement registrations containing conditions requiring recall of

canceled product; packaging product in closed-

[[Page 23450]]

system, trackable containers; and addition of a stenching agent to the

product; and to submit requests for voluntary cancellation of certain

existing registrations (in order to facilitate the recall of material

currently in the marketplace not complying with the new conditions of

registration). EPA agreed to expedite consideration of the applications

for replacement products, and to not cancel existing registrations

until applications for replacement products are granted.

Products for which cancellation was requested fall into two

categories - those containing methyl parathion as the sole active

ingredient in an emulsifiable concentrate formulation, and those

containing multiple active ingredients. Products in the first category

are listed in Table 1 below; products in the second category are listed

in Table 2.

Subsequent to the December 30, 1996 agreement, some registrants

withdrew their requests to cancel their registrations for mixture

products listed in Appendix D of the agreement after EPA had determined

that it would accept an amendment in lieu of a voluntary cancellation

for those products if the registrants agreed to certain conditions.

These conditions include a requirement that these products are packaged

in returnable/refillable, closed system containers with tamper

resistant mechanisms.

Table 1

----------------------------------------------------------------------------------------------------------------

Company Registration No. Product SLNs

----------------------------------------------------------------------------------------------------------------

Wilbur Ellis 2935-142 Methyl Parathion 4 TX910009

2935-363 Methyl Parathion 5 ID870012

ID920007

MT920004

OR920012

WA920016

NV780004

2935-421 Methyl Parathion 7.5

----------------------------------------------------------------------------------------------------------------

Cheminova 4787-4 MP Technical

4787-11 Methyl Parathion 4 EC TX 960013

4787-18 Methyl Parathion 7.5

4787-22 Prentox MP Technical

----------------------------------------------------------------------------------------------------------------

Helena 5905-55 4 LB Methyl ID920006

TX950012

WA920014

5905-414 7.5 Methyl TX910006

----------------------------------------------------------------------------------------------------------------

Riverside Terra 9779-34 Methyl 4 ID920014

WA930015

9779-218 Methyl 7.2 TX940013

----------------------------------------------------------------------------------------------------------------

UAP (Platte) 34704-10 Methyl 4E ID920009

MS820047

MT920003

ND790009

OR920018

TX830025

WA920017

34704-72 Methyl 7.5

34704-94 Metaspray 5E

34704-433 Methyl 5E

----------------------------------------------------------------------------------------------------------------

Micro Flo 51036-18 Methyl 4 ID940005

TX940007

WA940028

51036-42 Methyl Liquid 4 Prod.

51036-88 #909

51036-278 Methyl 6 EC

Technical MP

----------------------------------------------------------------------------------------------------------------

Table 2

------------------------------------------------------------------------

Company Reg. No. Product

------------------------------------------------------------------------

Riverside Terra 9779-153 Mal-Methyl 44E

9779-207 Mal-Methyl 63 ULV

9779-323 Dithon 63

------------------------------------------------------------------------

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

time that EPA cancel any of their pesticide registrations. Under

section 6(f)(1)(C) of FIFRA, EPA must provide a 180-day opportunity for

comment on a request for voluntary cancellation before granting the

request, unless the registrant requests that the comment period be

waived or EPA determines that waiver is necessary in order to prevent

unreasonable adverse effects on the environment. The registrants have

requested that the Agency waive the comment period before taking action

on their requests to cancel the registrations of the products

identified in Tables 1 and 2. In light of this request, and in order to

expedite the risk mitigation measures set forth in the Agreement, EPA

is granting the request to waive the comment period and is canceling

the registrations today as part of this Notice. As part of the

Agreement negotiated with the registrants, EPA agreed to allow

continued sale and distribution of existing stocks of canceled products

to facilitate recall, continued use of product in containers opened

before the date of the Agreement, and use of recalled products for

purposes of reformulation into products conforming to the terms of the

Agreement. The full terms of the existing stocks provisions are set

forth in the Cancellation Order in section B of this Unit.

B. Cancellation Order

The Agency hereby cancels, pursuant to FIFRA section 6(f), the

pesticide product registrations listed in Tables 1 and 2. Any

distribution, sale or use of existing stocks of these canceled products

that is not consistent with the provisions of this Order will be

considered a violation of FIFRA section 12(a)(2)(K) and/or section

12(a)(1)(A). For purposes of this Order, existing stocks are defined as

those stocks of a methyl parathion product canceled pursuant to this

Order which were in the United States and were packaged, labeled, and

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

registration.

1. Distribution or sale of existing stocks. No person may

distribute or sell existing stocks of canceled methyl parathion

products identified in Table

[[Page 23451]]

1, except to facilitate: (1) Recall of product for reformulation

purposes; (2) lawful disposal of the product; or (3) export of the

product consistent with the provisions of FIFRA. The Agency is allowing

distribution or sale of existing stocks of canceled products identified

in Table 2 until such stocks are exhausted.

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

canceled methyl parathion products identified in Table 1 unless the

existing stocks are in containers opened prior to publication of this

Notice. Any use of such existing stocks in open containers must be in

accordance with the previously-approved labeling accompanying the

product. Existing stocks may also be used for reformulation purposes,

provided that the reformulated product is formulated, packaged and

labeled in accordance with a replacement registration under the terms

of the December 30, 1996 Agreement between EPA and certain registrants

of methyl parathion products (or in accordance with a similar

registration granted or amended by EPA after publication of this Order)

or the reformulated product is produced, labeled, and distributed or

sold for export purposes in accordance with all relevant requirements

of section 17 of FIFRA. Persons may use existing stocks of canceled

products identified in Table 2 until such stocks are exhausted,

provided that such use is in accordance with the previously-approved

labeling accompanying the product.

3. Transportation. The transportation of products containing

canceled methyl parathion is subject to the requirements of the

Department of Transportation's regulations concerning the

transportation of hazardous materials.

4. Disposal. Any disposal of existing stocks must be in accordance

with all applicable Federal, State, and local law.

II. Memorandum of Agreement Between the Environmental Protection

Agency and Signatory Registrants Regarding the Registration of

Pesticide Products Containing Methyl Parathion

This Memorandum sets forth the terms of an Agreement

(``Agreement'') between the United States Environmental Protection

Agency (``EPA'') and the undersigned registrants (``Registrants'')

regarding the registrations held by the Registrants under the

Federal Insecticide, Fungicide and Rodenticide Act (``FIFRA'') of

certain pesticide products containing methyl parathion (O,O-

dimethyl-O-(p-nitrophenyl) phosphorothioate) as the active

ingredient.

Methyl parathion emulsifiable concentrate (``EC'') products are

registered for outdoor use on a number of crops, but are not

registered for any indoor uses. However, during the past few years,

a number of separate incidents have occurred in which methyl

parathion EC products have been illegally used indoors as an

insecticide in homes and other locations, posing potentially

significant health risks to persons who live in or frequent these

indoor areas, and resulting in significant relocation and cleanup

costs. EPA and the Registrants that have entered this Agreement are

concerned about the illegal indoor use of methyl parathion EC

products, and expect that the steps set forth in this Agreement will

make the illegal diversion of methyl parathion EC products to indoor

uses much more difficult and unlikely. While many of these steps

could have been accomplished through amendments to the existing

registrations, EPA requested, and the Registrants that have entered

this Agreement consented to, the issuance of replacement

registrations and the cancellation of existing registrations in

order to allow the Agency to ensure participation in the recall and

exchange program set forth in this Agreement (by allowing the Agency

to prohibit the sale and use of product that does not conform to the

terms of this Agreement). This Agreement and these cancellations are

neither designed nor intended to affect the availability of methyl

parathion EC products for existing outdoor uses, provided those

products are properly packaged and formulated in order to discourage

illegal diversion to indoor uses. In addition to packaging and

formulation changes, this Agreement includes provisions for the

recall of existing stocks of products that do not conform to the

terms of this Agreement and the replacement of such stocks with

conforming products, as well as provisions designed to educate and

remind distributors, sellers, agricultural users, and occupants of

indoor areas of the risks of illegal indoor use and of the

importance of using methyl parathion EC products only for their

lawfully labeled uses.

The specific terms of this Agreement are as follows:

1. Within 2 weeks of the effective date of this Agreement, any

party to this Agreement that desires to continue to hold a

registration for any pesticide product containing methyl parathion

as the sole active ingredient in a technical (manufacturing use)

product or in an emulsifiable concentrate, non micro-encapsulated,

end-use product shall submit to EPA an application for registration

pursuant to Sec. 3(c)(7)(A) of FIFRA. Such an application will be

consistent with the appropriate provisions of paragraphs 7 through

10 of this Agreement, and conform with the provisions of Appendix A

to this Agreement. Such an application shall be deemed to be

complete if it contains all the information specified in Appendix A

to this Agreement. An application must be for a product that is

identical to a currently-registered product in composition and

labeling, except insofar as differences are dictated by the terms of

this Agreement. An applicant may include in its application

alternative formulations, provided that each such formulation is

identical to the composition of a currently registered end-use

product except insofar as differences are dictated by the terms of

this Agreement. No application submitted pursuant to this Paragraph

may cover any formulation which contains more than 5 pounds of

methyl parathion per gallon of end-use product.

2. Within 2 weeks of the effective date of this Agreement, each

Registrant that is a party to this Agreement shall submit to EPA,

pursuant to Sec. 6(f) of FIFRA, a request for voluntary

cancellation of each registration held by such Registrant identified

in Appendix B and Appendix D to this Agreement. Any such request for

voluntary cancellation may be expressly conditioned upon EPA's grant

of any application(s) for registration made by such Registrant

pursuant to Paragraph 1 of this Agreement, and its issuance of an

existing stocks order(s) conforming to paragraphs [5] and [6], as

appropriate.

3. EPA will, as expeditiously as possible, review any

applications for registration submitted pursuant to Paragraph 1 of

this Agreement, and will grant any such applications that comply

with the terms of this Agreement. EPA will make a good faith effort

to act on any such application within seven working days of receipt

of the application.

4. EPA will, as expeditiously as possible, grant requests for

voluntary cancellation submitted pursuant to Paragraph 2 of this

Agreement. If a request for voluntary cancellation is conditioned

upon the grant of an application(s) for registration submitted

pursuant to Paragraph 1 of this Agreement, EPA will not grant such

request prior to approving the application for registration. EPA

will publish a cancellation order in the Federal Register announcing

the effective date of such cancellations and establishing conditions

concerning the sale, distribution and use of existing stocks of the

canceled products.

5. EPA does not intend to allow any sale, distribution, or use

of existing stocks of any EC product containing methyl parathion as

the sole active ingredient canceled pursuant to the terms of this

Agreement, except that the Agency does intend to permit sale or

distribution for the purposes of facilitating the recall of canceled

product pursuant to Paragraph 10, continued use of product in

containers opened prior to the date of this Agreement, and use of

recalled product for purposes of reformulation into products

conforming with the terms of this Agreement. EPA intends to allow

the continued sale, distribution, or use of the end-use products

listed in Appendix D and canceled pursuant to this Agreement until

such stocks are exhausted.

6. EPA does not intend to allow the use of existing stocks of

any technical (manufacturing use) product canceled pursuant to this

Agreement, except that the Agency does intend to permit the use of

such existing stocks of technical (manufacturing use) product to

formulate end-use products registered pursuant to Paragraph 3 of

this Agreement and in compliance with all the terms of this

Agreement or to formulate end-use products bearing EPA registration

numbers 279-2149; 279-2609; 4581-292; 4787-19; 34704-183; 34704-478;

34704-715; or an end-use product that has been specifically approved

by EPA or by a State under FIFRA Section 24 after the date of this

Agreement, for sale, distribution and use in any or all of the

United States.

[[Page 23452]]

7. Applications for registration of technical (manufacturing

use) pesticide products submitted pursuant to Paragraph 1 must

include in the Directions for Use section of the label the following

statements:

``This product may not be reformulated into end-use pesticide

products that contain methyl parathion as the sole active ingredient

in an emulsifiable concentrate (EC), non micro-encapsulated,

formulation unless the end-use products: (1) are packaged in

returnable, refillable containers that contain a tamper-resistant

mechanism (such as the MICRO MATIC valve system) that does not

permit removal of material without specialized equipment (unless the

end-use product is labeled in accordance with Paragraph 9 of the

December 1996 Agreement between EPA and Registrants of Products

containing Methyl Parathion); (2) contain in its formula a stenching

agent approved by EPA for the purpose of discouraging indoor use;

(3) are packaged in labeled containers bearing a unique

identification number that will remain on the label or container at

all times; and (4) do not contain more than 5 pounds of methyl

parathion per gallon of end-use product. This product may only be

reformulated into an end-use product that does not contain methyl

parathion as the sole active ingredient in an emulsifiable

concentrate, non micro-encapsulated, formulation if the end-use

product either bears EPA registration numbers 279-2149; 279-2609;

4581-292; 4787-19; or 34704-183; 34704-478; 34704-715; or has been

specifically approved by EPA or by a State under FIFRA Section

24(c), after the date of this Agreement, for sale, distribution and

use in any or all of the United States.''

8. Applications for end-use pesticide products submitted

pursuant to Paragraph 1 of this Agreement must contain the following

statements on the label:

(A) ``SPECIAL INSTRUCTIONS FOR RESTRICTED USE PESTICIDE

RETAILERS: In addition to any other required records, restricted use

pesticide retailers must record at the time of sale the unique

container identification number on this label or container and the

identity of the purchaser of the container.''

(B) [In the storage and disposal section of the label]

``Returnable/Refillable Sealed Container: Do not break seals or add

any material to the container. Do not rinse container or empty any

residue from container. This container must be returned intact after

use to the point of purchase.''

(C) [Appropriate language that identifies the equipment

necessary for the removal of product from the container, and how

that equipment must be used in order to remove product from the

container.]

9. An application for an end-use pesticide product registration

with directions for use on winter wheat submitted pursuant to

Paragraph 1 may include, if the Registrant desires, an alternate

label which must include the following language:

``This product may be distributed, sold or used only for

application to winter wheat in Kansas, Oklahoma and Texas. All

distribution or sale of this product after March 31, 1997, is

prohibited unless such distribution or sale is for the sole purpose

of recalling material and returning it to the Registrant, or for the

purpose of proper disposal. Use of this product after March 31,

1997, is prohibited unless the product is opened and first used

prior to March 31, 1997. Containers unopened on or after March 31,

1997, must be returned to the point of purchase for replacement,

credit, or refund.''

10. Applications for registration submitted pursuant to

Paragraph 1 must include a specific request that the following

conditions be accepted by EPA as conditions of registration:

(A) The applicant agrees that, as a condition of registration,

the following steps will be taken to assure that existing stocks of

pesticide products sold under any registrations for EC products

listed in Appendix B held by such Registrant and canceled pursuant

to Paragraph 4 of this Agreement are recalled:

(1) Letters to Distributors: Letters must be sent, by certified

mail, return receipt requested, on or before January 31, 1997, to

all persons (other than another signatory Registrant) who sell or

distribute to retailers and who purchased any stocks of a registered

EC product listed in Appendix B directly from the Registrant between

January 1, 1994, and the date of this Agreement, informing the

distributor that the registration of such product has been or will

be canceled pursuant to this Agreement; that after the registration

is canceled, sale or distribution of existing stocks of such product

(except for purposes of facilitating a recall) will not be lawful

under FIFRA; and that the Registrant is recalling all unopened

containers of methyl parathion EC products down to the user level.

The letter shall further state that the distributor will either

receive replacement product of equal value or full credit for any

material returned, and that Cheminova or the Registrant (whichever

party is bearing the cost) will bear the cost of transportation of

product from the distributor level to a site where such material

will be collected by Cheminova or the Registrant (whichever party is

collecting recalled material).

(2) Letters to Retailers: Letters must be sent by certified

mail, return receipt requested, by January 31, 1997, to all other

persons (other than signatory Registrants) who sold any stocks of a

registered EC product listed in Appendix B between January 1, 1994,

and the date of this Agreement, informing such person that the

registration of such product has been or will be canceled pursuant

to this Agreement; that after the registration is canceled, sale or

distribution of existing stocks of such product (except for purposes

of facilitating a recall) will not be lawful under FIFRA; and that

the Registrant is directing a recall of all unopened containers of

such products down to the user level. The letter shall request that

each retailer notify every customer that purchased such product from

the recipient after January 1, 1995, of this recall effort, and

encourage the customer to return unopened containers to the

recipient for either replacement product of equal value or full

credit. The letter shall also notify the retailer that the recipient

will get either replacement product of equal value or full credit

for all material returned by the recipient, and shall provide the

recipient with information on how to return product to the

Registrant or to some other person collecting recalled product for

the Registrant.

(3) The Registrant fulfills its obligations as set forth in each

of the letters described in subparagraphs (A)(1) and (A)(2) of this

Paragraph.

(4) The Registrant will notify EPA within forty-five days after

the effective date of this Agreement of:

(a) the location of collection sites for recalled material;

(b) the name and address of each person who was sent a letter

pursuant to subparagraphs (A)(1) and (A)(2) of this paragraph, and,

for each addressee, whether the letter was delivered, whether the

addressee responded, whether the addressee participated or has

indicated that he/she plans to participate in the recall, and the

total amount returned by each addressee; and

(c) the location of the registered establishments that will

carry out the reformulation.

For purposes of complying with these conditions of registration,

a conforming letter will be deemed to have been sent if: (1) the

letter was sent prior to the effective date of this Agreement and

the letter informed the recipient of the recall effort and that

returned material will be credited; and (2) the Registrant contacts

on or before February 21, 1997, either by telephone or by certified

mail, return receipt requested, all addressees who have neither

returned any product nor communicated with the Registrant concerning

the recall effort. If such contact is by telephone, the Registrant

shall make a written record that shall include the date and time of

call; the identity of the addressee; the name and title of the

person spoken with; whether the addressee was aware of the recall

effort; and whether the addressee has any material to be recalled.

If the addressee was not aware of the recall effort, the Registrant

shall also provide the addressee with all the information that would

have been provided had a letter been sent pursuant to subparagraph

(A)(1) or (A)(2), whichever letter would have been appropriate for

the particular addressee. Such telephone records shall be provided

to EPA on or before March 31, 1997. If a certified letter is sent,

the letter shall contain all the information that must be included

in any letter sent pursuant to subparagraph (A)(1) or (A)(2),

whichever letter is appropriate for the particular addressee, and

the Registrant shall provide to EPA on or before March 31, 1997, the

information required by subparagraph (A)(4)(b).

Also for purposes of complying with this condition of

registration, a Registrant may rely on any other signatory

Registrant to perform any of the obligations called for in this

Paragraph, provided that each Registrant understands that failure to

send letters to purchasers of a particular Registrant's canceled

product will be considered a violation of the condition of

registration of such Registrant's replacement product granted

pursuant to Paragraph 3 of this Agreement.

[[Page 23453]]

(B) All end-use products produced under registrations granted

pursuant to Paragraph 3 of this Agreement shall contain either

valeric acid or another stenching agent specifically approved by the

Agency in writing for inclusion in EC products containing methyl

parathion as the sole active ingredient. Neither the presence,

identity, nor certified limits of such stenching agent may be

changed without the prior, written approval of EPA.

(C) All end-use products produced under registrations granted

pursuant to Paragraph 13 of this Agreement shall be packaged in

returnable, refillable containers that bear a tamper-resistant

mechanism (such as the MICRO MATIC valve system) that is designed to

not permit removal of material without specialized equipment and

that contain a unique identification number that appears either on

the label or on the container itself, except that prior to March 31,

1997, end-use products may be packaged in fifty-five gallon drums

containing a unique identification number if the product label

conforms with Paragraph 9 of this Agreement.

(D) No language identified in Paragraphs 7 through 9 of this

Agreement may be changed by a Registrant without first obtaining

prior, written approval from EPA.

(E) The Registrant must establish a system to track all sales of

all individual end-use product sold under registrations granted

pursuant to Paragraph 3 of this Agreement through all levels of the

distribution chain. The registrant must, upon request by EPA or an

appropriate State authority, provide information from such a system

regarding the particular identity of the purchaser or seller of any

particular container and the date of sale.

(F) In the case of registrations held by Cheminova Agro A/S and/

or Cheminova, Inc.

(``Cheminova''), Cheminova will conduct an education campaign

that meets the specifications set forth in Appendix C to this

Agreement.

(G) The Registrant agrees that failure to comply with any of the

conditions of registration set forth in this Paragraph shall be

grounds for cancellation of the affected registration(s) under FIFRA

section 6(e).

11. All the signatories to this Agreement agree that they will

not challenge any of the provisions of this Agreement in any forum.

12. This Agreement constitutes the complete agreement reached by

EPA and the Registrants.

13. EPA does not intend to require persons other than

nonsignatory registrants to make any report pursuant to FIFRA

section 6(g) for products canceled pursuant to this Agreement before

March 15, 1997.

14. EPA does not intend at this time to grant any application

for registration, or amendment to any existing registration, of any

technical (manufacturing use) product containing methyl parathion as

the sole active ingredient, or of any end-use product containing

methyl parathion as the sole active ingredient in an EC, non micro-

encapsulated formulation, unless the registration either conforms to

the applicable terms of this Agreement or includes terms and

conditions that provide equivalent controls designed to minimize the

possibility of unlawful indoor use. If EPA does grant any

registrations similar to the ones granted pursuant to Paragraph 3 of

this Agreement with terms and conditions different than those set

forth in this Agreement, the signatory Registrants may request

(through appropriate applications for new registrations or

amendments to existing registrations) registrations with similar

conditions pursuant to FIFRA section 3(c)(7)(A).

15. This Agreement shall take effect if Cheminova and EPA sign

the Agreement. The effective date shall be the date that the last

party signs the Agreement or January 15, 1997, whichever occurs

earlier.

Dated this 30th day of December 1996

Environmental Protection Agency

Signed 12/30/96

Cheminova Agro A/S

Signed 12/30/96

Helena Chemical Company

Signed 1/6/97

Riverside/Terra Corporation

Signed 1/15/97

Platte Chemical Company, Inc.

Signed 1/15/97

Micro Flo Company

Signed 1/7/97

Wilbur Ellis Company

Signed 1/15/97

Appendix A

An application for the registration of a product containing methyl

parathion submitted pursuant to this Agreement shall include the

following:

* A Cover Letter

* An Application for Pesticide Registration (8570)

* A Confidential Statement of Formula (CSF) (8570-4)

* A Formulator's Exemption Form (in the case of an application

for an end-use product)

* Five Copies of draft labeling which may consist of a hand

edited label from an existing, similar product.

The cover letter shall state that the application is for

registration of a product under the Agreement, and that the

applicant relies upon data submitted to support the registration of

the product(s) that the applicant voluntarily seeks to cancel. It

shall also state that the labeling of the product complies with the

terms of the Agreement, that maintenance of the registration is

conditioned upon compliance with Paragraph 10 of the Agreement, and

that failure to comply with those conditions may result in

cancellation of the registration under FIFRA Section 6(e). The

letter must include the EPA registration number of the product to be

canceled to which this application is substantially similar, and

must state that the application qualifies for expedited review under

the terms of the Agreement.

Appendix B

Table 1

----------------------------------------------------------------------------------------------------------------

Company Reg. No. Product SLNs

----------------------------------------------------------------------------------------------------------------

Wilbur Ellis 2935-142 Methyl Parathion 4 TX910009

2935-363 Methyl Parathion 5 ID870012

ID920007

MT920004

OR920012

WA920016

NV780004

2935-421 Methyl Parathion 7.5

----------------------------------------------------------------------------------------------------------------

Cheminova 4787-4 MP Technical

4787-11 Methyl Parathion 4 EC TX 960013

4787-18 Methyl Parathion 7.5

4787-22 Prentox MP Technical

----------------------------------------------------------------------------------------------------------------

Helena 5905-55 4 LB Methyl ID920006

TX950012

WA920014

5905-414 7.5 Methyl TX910006

----------------------------------------------------------------------------------------------------------------

Riverside Terra 9779-34 Methyl 4 ID920014

WA930015

9779-218 Methyl TX940013

----------------------------------------------------------------------------------------------------------------

[[Page 23454]]

UAP (Platte) 34704-10 Methyl 4E ID920009

MS820047

MT920003

ND790009

OR920018

TX830025

WA920017

34704-72 Methyl 7.5

34704-94 Metaspray 5E

34704-433 Methyl 5E

----------------------------------------------------------------------------------------------------------------

Micro Flo 51036-18 Methyl 4 ID940005

TX940007

WA940028

51036-42 Methyl Liquid 4 Prod.

51036-88 #909

51036-278 Methyl 6 EC

Technical MP

----------------------------------------------------------------------------------------------------------------

Appendix C

Education Campaign to be Conducted by Cheminova

Cheminova shall conduct an education campaign that will include

the following elements:

1. Cheminova will include in its product stewardship program a

campaign to educate formulators, distributors, retailers, dealers,

applicators and growers about the addition of the stenching agent

and the reasons for doing so. The campaign will be designed to

inform the target audience that prevention of misuse of methyl

parathion EC products is a priority and the target audience has an

obligation to ensure that the product is not diverted for illegal

uses.

The campaign will include, at a minimum,

(a) Mailings to be completed by March 31, 1997, to all United

States retailers of methyl parathion EC products and to all United

States national organizations representing growers of crops for

which methyl parathion has a registered use;

(b) Issuance of a press statement or release; and

(c) Placement of ``advertorials'' which will be initiated by

March 31, 1997, and will be sent to print media, including at a

minimum, Pest Control Technology, Pest Management, Farm Chemicals,

and The Cotton Grower.

By February 15, 1997, Cheminova will provide EPA with drafts of

the materials to be used in this campaign, for review and comment.

EPA will provide comments to Cheminova within fifteen calendar days

of receipt of the materials. If Cheminova disagrees with any

comments submitted by EPA, Cheminova and EPA shall negotiate in good

faith to resolve such disagreement(s). If the parties are unable to

reach agreement on any matter after such negotiations, either party

may request that the Director of the Office of Pesticide Programs at

EPA (``Director'') resolve the matter. Upon Cheminova's request, the

Director shall meet with Cheminova before reaching a decision on the

matter. Cheminova shall accept the Director's decision as final, and

materials used in the campaign shall be consistent with the

Director's decision.

2. Cheminova will develop and distribute both a video public

service announcement (PSA) and an audio PSA which provide

information to the public concerning avoiding indoor use of

agricultural pesticides in general, and about methyl parathion in

particular.

(a) By the end of February 1997, Cheminova will select a public

relations firm to manage this effort.

(b) By March 15, 1997, Cheminova will submit the proposed PSA

scripts to EPA for comment. EPA will provide comments to Cheminova

within fifteen calendar days of receipt of the materials. If

Cheminova disagrees with any comments submitted by EPA, Cheminova

and EPA shall negotiate in good faith to resolve such

disagreement(s). If the parties are unable to reach agreement on any

matter after such negotiations, either party may request that the

Director of the Office of Pesticide Programs at EPA (``Director'')

resolve the matter. Upon Cheminova's request, the Director shall

meet with Cheminova before reaching a decision on the matter.

Cheminova shall accept the Director's decision as final, and the

PSAs shall be consistent with the Director's decision. Cheminova

will complete production of the PSAs within 75 calendar days of

receiving EPA comments (or, if there are any disagreements, of final

resolution of such disagreements) or by June 15, 1997 (whichever is

later).

(c) Cheminova will work with EPA and with staff at the U.S.

Department of Agriculture's Food and Nutrition Network (to the

extent that the Food and Nutrition Network judges the PSAs

appropriate for its program) to identify the list of recipients of

the PSAs. At a minimum, this list will include (1) major radio and

television stations throughout U.S. cotton growing states as well as

the states of Michigan, Ohio, and Illinois, and (2) state agencies

and local or national organizations which are appropriate for

disseminating the PSAs.

(d) Cheminova will produce sufficient copies of the PSAs for

those recipients identified pursuant to subparagraph (c), and will

distribute copies to these groups by July 15, 1997, or by the date

30 days after completing production of the PSAs, whichever is later.

3. Cheminova will assume the responsibility for developing the

newly added component on deterrence of misuse for the Best

Management Practices Task Force's educational and training program.

The Task Force has agreed that the training will be conducted by the

sales forces of the eight agrochemical companies which are members

of the Task Force.

(a) The education program will target formulators/distributors,

dealers/retailers, certified applicators (e.g., custom applicators),

and growers.

(b) The materials to be used in the program will include

brochures, point-of-purchase displays for dealerships,

advertisements in dealer magazines, or other written material. The

main forum for the misuse component discussed in subparagraph (c)

will be meetings with distributors, retailers, applicators, and

growers.

(c) The misuse component will focus on the importance of keeping

restricted use materials out of the hands of uncertified applicators

and will specifically mention the prevention of illegal diversion of

agricultural pesticides for household use, as well as specific

responsibilities and actions these target groups can take in helping

to prevent such diversions. The program will include a discussion of

the potential civil and criminal penalties that are implicated by

sale to uncertified applicators, the risks to human health and the

environment, and the stake which distributors, retailers, and

farmers have in ensuring that the availability of valuable crop

protection tools are not jeopardized by misuse.

(d) Cheminova will include key grower organizations (e.g.,

National Cotton Council, Delta Council) in the development of the

materials for the deterrence component through review and comments

on drafts.

Appendix D

------------------------------------------------------------------------

Company Reg. No. Product

------------------------------------------------------------------------

Wilbur Ellis 2935-482 Ethyl-Methyl

Parathion 6-3

------------------------------------------------------------------------

Helena 5905-198 Malathion-Methyl

5905-515 Parathion

Parathion-Methyl P

6-3

------------------------------------------------------------------------

Riverside Terra 9779-153 Mal-Methyl 44E

9779-207 Mal-Methyl 63 ULV

9779-323 Dithon 63

------------------------------------------------------------------------

[[Page 23455]]

List of Subjects

Environmental protection, Pesticides, Voluntary cancellations.

Dated: April 15, 1997.

Lois A. Rossi,

Director, Special Review and Reregistration Division, Office of

Pesticide Programs.

[FR Doc. 97-11019 Filed 4-29-97; 8:45 am]

BILLING CODE 6560-50-F