# Pentachloronitrobenzene (PCNB); Amendments to Terminate Uses > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE9-16812 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** July 15, 2009 - **Citation:** 74 FR 34337 ## Text ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2 009-0123; FRL-8424-2] Pentachloronitrobenzene (PCNB); Amendments to Terminate Uses AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces EPA's order for the amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of certain products containing the pesticide PCNB, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This order follows a March 30, 2009 Federal Register Notice of Receipt of Requests from the PCNB registrants to amend voluntarily certain of their PCNB product registrations. Specifically, the registrants requested to amend their registrations to terminate the following uses of PCNB: Golf course roughs; residential sites including lawns, yards, and ornamental plants and gardens around homes and apartments; grounds around day care facilities; school yards; parks (except industrial parks); playgrounds; and athletic fields (except professional and college fields). In the March 30, 2009 Notice, EPA indicated that it would issue an order implementing the amendments to terminate uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests within this period. The Agency did not receive any comments on the notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice an order granting the requested amendments to terminate certain uses. Any distribution, sale, or use of the PCNB products subject to this order is permitted only in accordance with the terms of this order, including any existing stocks provisions. DATES: The cancellations are effective July 15, 2009. FOR FURTHER INFORMATION CONTACT: Jill Bloom, Special Review and Reregistration Division, Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-8019; fax number: (703) 308-7070; e-mail address: bloom.jill@epa.gov . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, 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 applicability of this action to a particular entity, 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 a docket for this action under docket identification (ID) number EPA-HQ-OPP-2009-0123. Publicly available docket materials are available either in the electronic docket at http://www.regulations.gov , or, if only available in hard copy, at the Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility 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 . II. What Action is the Agency Taking? This notice announces the amendments to terminate uses, as requested by registrants (Amvac Chemical Corporation and Chemtura Corporation), of certain of their end-use and manufacturing-use PCNB products registered under section 3 of FIFRA. These registrations are listed in sequence by registration number in Table 1 of this unit. Since the registrants submitted their initial 6(f)(1) requests to amend their registrations to terminate uses, Chemtura requested the transfer of most of its PCNB registrations to Amvac, including all of those PCNB registrations for which Chemtura had requested amendment. The transfer was approved on April 23, 2009. Therefore, Amvac will be responsible for amending all of the following registrations in accordance with this order. Former and current EPA registration numbers are shown for all affected products. Table 1.—PCNB Product Registration Amendments to Terminate Uses Current EPA Registration Number EPA Registration Number prior to transfer Product type (manufacturing-use or end-use product) Product Name (names of transferred products may be expected to change) 5481-8981 400-399 End-use Terraclor 75W Wettable Powder 5481-8983 400-401 Manufacturing-use Terraclor Technical 5481-8984 400-402 End-use Terraclor 10% Granular, Revere 10% Granular 5481-8985 400-403 End-use Greenback Lawn Fungicide 5481-8986 400-404 End-use Turfcide Emulsifiable Fungicide 5481-8988 400-407 End-use Turfcide 10% Granular 5481-8990 400-414 Manufacturing-use Terraclor 90% Dust Concentrate 5481-8991 400-453 End-use Terraclor Flowable Fungicide 5481-8992 400-454 End-use Turfcide 4F, Turfcide 400, Terraclor 400, Revere 4000 5481-8994 400-457 End-use Turfcide 15G 5481-8995 400-458 End-use Terraclor 15G 5481-8996 400-459 Manufacturing-use Terrazan PCNB Technical 99% 5481-8997 400-460 End-use Terrazan 24% Emulsifiable Concentrate 5481-8998 400-479 End-use Turfcide WDG 5481-8999 400-504 Manufacturing-use Terraclor Tech 96 5481-197 N/A Manufacturing-use Technical Grade PCNB 95% 5481-211 N/A End-use PCNB 10% Granules Soil Fungicide 5481-214 N/A End-use PCNB Soil and Turf Liquid Drench 5481-279 N/A End-use PCNB 75% Wettable Powder 5481-419 N/A End-use PCNB 75W Turf and Ornamental Soil Fungicide 5481-438 N/A Manufacturing-use PCNB 5481-441 N/A End-use PCNB 75 DG 5481-443 N/A End-use PCNB 2 Flowable Turf and Ornamental Soil Fungicide 5481-444 N/A End-use PCNB 10 G Turf and Ornamental Soil Fungicide 5481-450 N/A End-use PCNB 20% WDG Soil Fungicide 5481-453 N/A End-use PCNB 75 WSP 5481-457 N/A End-use Turfpro WSP Turf and Ornamental Soil Fungicide 5481-464 N/A End-use Par-Flo 6F 5481-465 N/A End-use Par-Flo 5481-471 N/A End-use Win-Flo 6F 5481-472 N/A End-use Win-Flo Table 2 of this unit includes the name and address of record for the registrant of the products in Table 1 of this unit. Table 2.—Registrant of Amended PNCB Products EPA Company Number Company Name and Address 5481 Amvac Chemical Corporation, 4695 MacArthur Court, Suite 1250, Newport Beach, CA 92660 III. Summary of Public Comments Received and Agency Response to Comments During the public comment period provided, EPA received no comments in response to the March 30, 2009 Federal Register notice (FRL-8405-9) announcing the Agency's receipt of the requests for voluntary amendments to terminate certain uses of PCNB. IV. Order Terminating Certain PCNB Uses Pursuant to FIFRA section 6(f), EPA hereby approves the requested amendments to terminate uses of the PCNB registrations identified in Table 1 of Unit II. Accordingly, the Agency orders that the PCNB product registrations identified in Table 1 of Unit II. are hereby amended to terminate the following uses: Golf course roughs; residential sites including lawns, yards, and ornamental plants and gardens around homes and apartments; grounds around day care facilities; school yards; parks (except industrial parks); playgrounds; and athletic fields (except professional and college fields). Any distribution, sale, or use of existing stocks of the products identified in Table 1 of Unit II. in a manner inconsistent with any of the Provisions for Disposition of Existing Stocks set forth in Unit VI. will be considered a violation of FIFRA. V. 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 one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register . Thereafter, following the public comment period, the Administrator may approve such a request. VI. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. The cancellation order issued in this notice includes the following existing stocks provisions. Amvac Corporation will be permitted to sell or distribute existing stocks of the manufacturing-use products referenced in Table 1 of Unit II., with labels that are not revised per the requested amendments for termination of uses (i.e., “previously approved labeling”), until 6 months after the effective date of this order. Persons other than Amvac Corporation may continue to use existing stocks of the manufacturing-use products referenced in Table 1 of Unit II., with previously approved labeling, for formulation into end-use products until 18 months after the effective date of this order, provided such use is consistent with the previously approved labeling for that product. Amvac Corporation will be permitted to sell or distribute existing stocks of the end-use products referenced in Table 1 of Unit II., with previously approved labeling, until 18 months after the effective date of this order. Persons other than Amvac Corporation may sell or distribute existing stocks of the end-use products referenced in Table 1 of Unit II., with previously approved labeling, until 18 months after the effective date of this order. Users will be allowed to use existing stocks of the affected PCNB end-use products with previously approved labeling until such stocks are exhausted, provided such use is in a manner consistent with the previously approved labeling for that product. List of Subjects Environmental protection, Pesticides and pests. Dated: July 2, 2009. Peter Caulkins, Acting Director, Special Review and Registration Division, Office of Pesticide Programs. [FR Doc. E9-16812 Filed 7-14-09; 8:45 am] BILLING CODE 6560-50-S --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE9-16812. Public record. Not legal advice.