Notice2022-13445
Notice of Objections to Notice of Intent To Suspend Dimethyl Tetrachloroterephthalate (DCPA) Technical Registration; Notice of Public Hearing
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 23, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) has received objections and hearing requests in response to its issuance of a Notice of Intent to Suspend registration of a pesticide containing dimethyl tetrachloroterephthalate (DCPA). EPA will hold a public hearing to receive evidence related to the proposed suspension of DCPA.
Full Text
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<title>Federal Register, Volume 87 Issue 120 (Thursday, June 23, 2022)</title>
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[Federal Register Volume 87, Number 120 (Thursday, June 23, 2022)]
[Notices]
[Pages 37507-37508]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13445]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2011-0374; FRL-9933-01-OMS]
Notice of Objections to Notice of Intent To Suspend Dimethyl
Tetrachloroterephthalate (DCPA) Technical Registration; Notice of
Public Hearing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of objections and public hearing.
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SUMMARY: The Environmental Protection Agency (EPA) has received
objections and hearing requests in response to its issuance of a Notice
of Intent to Suspend registration of a pesticide containing dimethyl
tetrachloroterephthalate (DCPA). EPA will hold a public hearing to
receive evidence related to the proposed suspension of DCPA.
DATES: A public hearing will be held beginning at 9 a.m. July 6, 2022
and continue as necessary through July 8, 2022.
ADDRESSES: The public hearing will take place in the EPA Administrative
Courtroom, EPA East Building, Room 1152, 1201 Constitution Ave. NW,
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Mary Angeles, Headquarters Hearing
Clerk, Office of Administrative Law Judges, 1200 Pennsylvania Ave. NW,
Mail Code 1900R, Washington, DC 20460; telephone number: (202) 564-
6281; email address: <a href="/cdn-cgi/l/email-protection#9bfaf5fcfef7fee8b5f6fae9e2dbfeebfab5fcf4ed"><span class="__cf_email__" data-cfemail="33525d54565f56401d5e52414a735643521d545c45">[email protected]</span></a>.
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, farm worker 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.
B. How can I get copies of this document and other related information?
The regulatory docket for this action, identified by docket
identification number EPA-HQ-OPP-2011-0374, is available electronically
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or in hard copy at
[[Page 37508]]
the Office of Pesticide Programs Regulatory Public Docket (OPP Docket)
in the EPA Docket Center, (EPA/DC) EPA West, Room 3334, 1301
Constitution Ave. NW, Washington, DC. The EPA Docket Center 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.
The adjudication docket for the proceeding in which petitioners
have requested a public hearing, captioned in re FIFRA Section
3(c)(2)(B) Notice of Intent to Suspend Dimethyl
Tetrachloroterephthalate (DCPA) Technical Registration and identified
by docket number FIFRA-HQ-2022-0002, is available electronically on the
website of EPA's Office of Administrative Law Judges at <a href="https://yosemite.epa.gov/oarm/alj/alj_web_docket.nsf/Active+Dockets?OpenView">https://yosemite.epa.gov/oarm/alj/alj_web_docket.nsf/Active+Dockets?OpenView</a>.
II. Public Hearing To Be Held on Objections to EPA's Notice of Intent
To Suspend DCPA
EPA previously published (87 FR 25262, April 28, 2022) a Notice of
Intent to Suspend (NOITS) the registration of DCPA pursuant to its
authority under Section 3(c)(2)(B)(iv) of the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136a(c)(2)(B)(iv).
Section 3(c)(2)(B)(iv) of FIFRA provides that any person adversely
affected by the NOITS may request a hearing on the proposed suspension
within thirty days of the registrant receiving the notice. On May 24,
2022, the Western Plant Health Association filed an objection to the
NOITS. On May 27, 2022, AMVAC Chemical Corporation, the DCPA
registrant, filed an objection to the NOITS and requested a hearing.
Also on May 27, 2022, the Grower-Shipper Association of Central
California, Sunheaven Farms, LLC, J&D Produce, Ratto Bros., Inc., and
Huntington Farms jointly filed an objection to the NOITS and requested
a hearing.
The hearing requests commenced a proceeding under Section 6(d) of
FIFRA, 7 U.S.C. 136d(d), and EPA's procedural rules, 40 CFR 164, before
EPA's Office of Administrative Law Judges. The proceeding includes a
public hearing that will be held to receive evidence from the parties
relevant and material to issues raised by petitioners objecting to the
proposed suspension of DCPA. FIFRA section 3(c)(2)(B)(iv) specifically
limits the scope of the hearing to two questions: (1) whether the
registrant has failed to take the action that served as the basis for
the notice of intent to suspend the registration of the pesticide for
which additional data is required; and (2) whether the Administrator's
determination with respect to the disposition of existing stocks is
consistent with FIFRA.
As set forth in DATES and ADDRESSES, the hearing will begin at 9
a.m. July 6, 2022, and continue as necessary through July 8, 2022, in
the EPA Administrative Courtroom, EPA East Building, Room 1152, 1201
Constitution Ave. NW, Washington, DC 20460. Anyone wishing to attend
the hearing must notify Mary Angeles, Headquarters Hearing Clerk,
Office of Administrative Law Judges, by email no later than July 1,
2022, at the email address listed under FOR FURTHER INFORMATION
CONTACT. A notice of intent to attend the hearing shall include the
individual's name, email address, telephone number, and any
organization they represent. On the day of the hearing, attendees must
present government-issued identification to enter EPA facilities, and
they will be required to wear a mask and physically distance from
others in the hearing room. Attendees may face further restrictions on
entry based on the community level of COVID-19 at the time of the
hearing.
Authority: 7 U.S.C. 136 et seq.; 40 CFR 164.
Dated: June 14, 2022.
Susan Biro,
Chief Administrative Law Judge, Office of Administrative Law Judges.
[FR Doc. 2022-13445 Filed 6-22-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on June 23, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.