Notice2024-24511
Dimethyl Tetrachloroterephthalate (DCPA); Final Cancellation Order for Pesticide Registrations
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
October 23, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or Agency) is hereby announcing EPA's order for the cancellations, voluntarily requested by the registrant 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 action cancels the last remaining products containing Dimethyl Tetrachloroterephthalate (DCPA) in the U.S.
Full Text
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<title>Federal Register, Volume 89 Issue 205 (Wednesday, October 23, 2024)</title>
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[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84574-84576]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24511]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2011-0374; FRL-12220-02-OCSPP]
Dimethyl Tetrachloroterephthalate (DCPA); Final Cancellation
Order for Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is hereby
announcing EPA's order for the cancellations, voluntarily requested by
the registrant 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 action cancels the last remaining
products containing Dimethyl Tetrachloroterephthalate (DCPA) in the
U.S.
[[Page 84575]]
DATES: These cancellations are applicable October 23, 2024.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2011-0374, is available through
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional information about dockets
generally, along with instructions for visiting the docket in person,
is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: James Douglass, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (202) 566-2343; email address:
<a href="/cdn-cgi/l/email-protection#b1d5dec4d6ddd0c2c29fdbd0dcd4c2f1d4c1d09fd6dec7"><span class="__cf_email__" data-cfemail="5a3e352f3d363b292974303b373f291a3f2a3b743d352c">[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, 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. What action is the Agency taking?
This cancellation order follows a notice of receipt in the Federal
Register on August 29, 2024 (89 FR 70181) (FRL-12220-01-OCSPP) and
opportunity for public comment on the requests from the registrant
listed in Table 2 of Unit II. to voluntarily cancel these product
registrations. In that document, 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 registrant withdrew
its requests. The Agency received three comments by the end of the
comment period, none of which necessitate further review of the
registrant's requests to cancel these product registrations.
Accordingly, EPA hereby issues this cancellation order granting the
requested cancellations. Any distribution, sale, or use of the products
subject to this cancellation order is permitted only as described below
in Unit IV.
C. What is EPA's authority for taking this action?
FIFRA section 6(f)(1) (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.
II. Cancellation Order
Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA issues this
cancellation order for the products in Table 1. The effective date of
the cancellations that are the subject of this order is October 23,
2024. Any distribution, sale, or use of existing stocks of the products
identified in Table 1 of this unit in a manner inconsistent with any of
the provisions for disposition of existing stocks set forth in Unit IV.
would be a violation of FIFRA.
Table 1 of this unit lists the product cancellations, as requested
by registrant, in sequence by registration number (or company number
and FIFRA section 24(c) number).
Table 1--Product Cancellations
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Registration No. Company No. Product name Active ingredients
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5481-495................................... 5481 Technical Chlorthal Dimethyl
Dimethyl. tetrachloroterephthalat
e (DCPA).
5481-487................................... 5481 Dacthal Flowable DCPA.
Herbicide.
WI050002................................... 5481 Dacthal W-75 Herbicide... DCPA.
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Table 2 of this unit includes the name and address of record for
the DCPA registrant of the products in Table 1 of this unit. The EPA
Company No. corresponds to the first part of the EPA registration
numbers of the products listed in Table 1 of this unit.
Table 2--Registrant of the Voluntarily Cancelled Products
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EPA Company No. Company name and address
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5481...................................... AMVAC Chemical Corporation,
4695 MacArthur Court, Suite
1200, Newport Beach, CA
92660.
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III. Summary of Public Comments Received and Agency Response to
Comments
In its comment, AMVAC generally disagreed with EPA's
characterization of events made in various public statements extending
from its FIFRA section 3(c)(2)(b) suspension of the DCPA technical
product registration through its FIFRA section 6(c)(3) emergency order
of suspension. Since the registrant did not withdraw its requests to
cancel its registrations in its public comment, EPA has no further
response at this time.
Earthjustice also submitted a comment on behalf of itself and
Alianza Nacional de Campesinas, California Rural Legal Assistance
Foundation, Center for Food Safety, and Pesticide Action Network North
America. In its comment, Earthjustice called on EPA to exercise
adequate oversight to ensure that AMVAC's takeback and disposal program
does not put communities in harm's way and is maximally effective. EPA
remains in regular contact with AMVAC regarding its return program and
will correspond with state lead agencies as needed to ensure an
effective product return occurs.
Finally, a comment was received from a private citizen which
provided some resources pertaining to DCPA and pesticide regulation
more generally for EPA's consideration. EPA thanks this commenter for
the information and their time.
[[Page 84576]]
IV. 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.
The registrant, AMVAC, is prohibited from selling, distributing, or
using the pesticides identified in Table 1 of Unit II., except for
proper disposal or for export consistent with FIFRA section 17.
Effective on the date listed below, persons other than the
registrant are also prohibited from selling, distributing, or using
existing stocks of these products except for returning existing stocks
to AMVAC, properly disposing of existing stocks and exporting existing
stocks consistent with FIFRA section 17.
Since the Agency's August 6, 2024, issuance of an Emergency Order
of Suspension in the Federal Register on August 7, 2024 (89 FR 64445)
(FRL-12147-01-OCSPP), AMVAC has been implementing a voluntary return
program of products containing DCPA. AMVAC has directed end users to
return product to the retail establishment where the product was
originally purchased. AMVAC is collecting existing stocks from
distributors and retailers and working to ensure the proper disposal of
any collected product.
Authority: 7 U.S.C. 136 et seq.
Dated: October 17, 2024.
Jean Anne Overstreet,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2024-24511 Filed 10-22-24; 8:45 am]
BILLING CODE 6560-50-P
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