Notice2022-27242
Notice of Rescheduled Public Hearing Regarding Notice of Intent To Suspend Dimethyl Tetrachloroterephthalate (DCPA) Technical Registration
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
December 16, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) 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 rescheduled public hearing to receive evidence related to the proposed suspension of DCPA.
Full Text
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<title>Federal Register, Volume 87 Issue 241 (Friday, December 16, 2022)</title>
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[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Notices]
[Pages 77105-77106]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27242]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2011-0374; FRL-10476-01-OMS]
Notice of Rescheduled Public Hearing Regarding Notice of Intent
To Suspend Dimethyl Tetrachloroterephthalate (DCPA) Technical
Registration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of objections and rescheduled public hearing.
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SUMMARY: The Environmental Protection Agency (EPA) 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 rescheduled public
hearing to receive evidence related to the proposed suspension of DCPA.
DATES: A public hearing will be held beginning at 9 a.m. ET January 24,
2023, and continue as necessary through January 27, 2023.
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#75141b12101910065b1814070c351005145b121a03"><span class="__cf_email__" data-cfemail="0d6c636a6861687e23606c7f744d687d6c236a627b">[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.
[[Page 77106]]
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 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. Under those rules, a hearing
was previously scheduled to begin on July 6, 2022 (87 FR 37507, June
23, 2022). However, that hearing was canceled after the EPA requested
and was granted an accelerated decision. Petitioners appealed that
decision to the Environmental Appeals Board, which on September 28,
2022, issued an order remanding the case to the Office of
Administrative Law Judges. The Environmental Appeals Board directed
that a hearing be held to determine whether AMVAC failed to take
appropriate steps to secure data required by EPA to maintain DCPA's
registration and, if so, whether the existing stocks provision of the
DCPA NOITS is consistent with FIFRA.
As set forth in DATES and ADDRESSES, this rescheduled hearing will
begin at 9 a.m. ET January 24, 2023, and continue as necessary through
January 27, 2023, 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 January 13, 2023, 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 may 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: December 9, 2022.
Susan Biro,
Chief Administrative Law Judge, Office of Administrative Law Judges.
[FR Doc. 2022-27242 Filed 12-15-22; 8:45 am]
BILLING CODE 6560-50-P
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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.