Product Cancellation Order for Certain Pesticide Registrations
This notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 of Unit II., purs...
This notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a July 28, 2015
Federal Register
Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II. to voluntarily cancel these product registrations. In the July 28, 2015 notice, EPA indicated that it would issue an order implementing the cancellations, 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. 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 a cancellation order granting the requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.
DATES:
The cancellations are effective September 18, 2015.
FOR FURTHER INFORMATION CONTACT:
Donna Kamarei, Antimicrobials Division (7510P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 347-0443; email address:
kamarei.donna@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.
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B. How can I get copies of this document and other related information?
The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2015-0452, is available at
http://www.regulations.gov
or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at
http://www.epa.gov/dockets.
II. What action is the agency taking?
This notice announces the cancellation, as requested by registrants, of products registered under FIFRA section 3 (7 U.S.C. 136a). These registrations are listed in sequence by registration number in Table 1 of this unit.
Table 2 of this unit includes the names and addresses of record for all registrants of the products in Table 1 of this unit, in sequence by EPA company number. This number corresponds to the first part of the EPA registration numbers of the products listed in Table 1 of this unit.
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Table 2—Registrants of Cancelled Products
EPA company No.
Company name and address
499
BASF Corporation, 26 Davis Drive, Research Triangle Park, NC 27709.
875
Diversey, Inc., 8310 16th Street, Sturtevant, WI 53177.
1007
Zoetis, Inc., 333 Portage Street, Kalamazoo, MI 49007-4931.
1203
Delta Foremost Chemical Corp., 3915 Air Park Street, Memphis, TN 38118.
1258
Arch Chemicals, Inc., 1200 Bluegrass Lakes Parkway, Alpharetta, GA 30004.
1270
Zep, Inc., 1259 Seaboard Industrial Blvd. NW., Atlanta, GA 30318.
1677
Ecolab, Inc., 370 Wabasha Street North, St. Paul, MN 55102.
1706
Nalco Company, 370 N. Wabasha Street, St. Paul, MN 55102-1390.
1839
Stepan Company, 22 W. Frontage Rd., Northfield Rd., IL 60093.
2212
Walter G. Legge Company, Inc., 444 Central Avenue, Peekskill, NY 10566.
2296
National Chemical Laboratories, Inc., 401 N. 10th Street, Philadelphia, PA 19123.
2724
Wellmark International, 1501 E. Woodfield Road, Suite 200 West, Schaumburg, IL 60173.
2935
Wilbur-Ellis Company, 2903 S. Cedar Avenue, Fresno, CA 93725.
3635
Dubois Chemicals, Inc., 3630 E. Kemper Road, Cincinnati, OH 45241.
3862
ABC Compounding Co., Inc., P.O. Box 16247, Atlanta, GA 30321-0247.
4822
S.C. Johnson & Son, Inc., 1525 Howe Street, Racine, WI 53403.
5813
The Clorox Co., C/O PS&RC, P.O. Box 493, Pleasanton, CA 94566-0803.
Nalco Champion, 370 Wabasha Street North, St. Paul, MN 55102-1390.
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 July 28, 2015
Federal Register
notice announcing the Agency's receipt of the requests for voluntary cancellations of products listed in Table 1 of Unit II.
IV. Cancellation Order
Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby approves the requested cancellations of the registrations identified in Table 1 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Table 1 of Unit II. are canceled. The effective date of the cancellations that are the subject of this notice is September 18, 2015. 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 a violation of FIFRA.
V. What is the Agency's authority for taking this action?
Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) 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 EPA Administrator may approve such a request. The notice of receipt for this action was published for comment in the
Federal Register
of July 28, 2015 [(80 FR 44953) (FRL-9930-15)]. The comment period closed on August 27, 2015.
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 existing stocks provisions for the products subject to this order are as follows.
B. For Products 10324-00002, 10324-00121, and 10324-00135
The registrant has requested to the Agency via letter to sell existing stocks for an 18-month period for products 10324-00002, 10324-00121, and 10324-00135. Because the Agency has identified no significant potential risk concerns associated with these pesticide
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products, upon cancellation of products 10324-00002, 10324-00121, and 10324-00135, EPA anticipates allowing the registrant to sell and distribute existing stocks of these products until March 20, 2017. Thereafter, the registrant is prohibited from selling or distributing these products listed in Table 1, except for export in accordance with FIFRA section 17 (7 U.S.C. 136o), or proper disposal. Persons other than the registrants may sell, distribute, or use existing stocks of products 10324-00002, 10324-00121, and 10324-00135 until existing stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products.
B. For All Other Products Identified in Table 1 of Unit II
The registrants may continue to sell and distribute existing stocks of all other products listed in Table 1 of Unit II. until September 19, 2016, which is 1-year after the publication of the Cancellation Order in the
Federal Register
. Thereafter, the registrants are prohibited from selling or distributing all other products listed in Table 1, except for export in accordance with FIFRA section 17 (7 U.S.C. 136o), or proper disposal. Persons other than the registrants may sell, distribute, or use existing stocks of all other products listed in Table 1 of Unit II. until existing stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products.
Use this for formal legal and research references to the published document.
80 FR 56457
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Product Cancellation Order for Certain Pesticide Registrations,” thefederalregister.org (September 18, 2015), https://thefederalregister.org/documents/2015-23473/product-cancellation-order-for-certain-pesticide-registrations.