Malathion; Product Cancellation Order and Amendments to Terminate Uses

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Federal Register: July 15, 2009 (Volume 74, Number 134)

Notices

Page 34345-34348

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr15jy09-94

ENVIRONMENTAL PROTECTION AGENCY

EPA-HQ-OPP-2007-0837; FRL-8425-3

Malathion; Product Cancellation Order and Amendments to Terminate

Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces EPA's order for the cancellations and amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of products containing the pesticide malathion, pursuant to section 6(f)(1) of the Federal Insecticide,

Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a May 20, 2009 Federal Register Notice of Receipt of

Requests from the malathion registrants to voluntarily cancel or to amend to terminate uses of certain malathion product registrations.

These are not the last malathion products registered for use in the

United States. In the May 20, 2009 Notice, EPA indicated that it would issue an order implementing the cancellations and 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 a cancellation order granting the requested cancellations and amendments to terminate uses. Any distribution, sale, or use of the malathion 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 July 15, 2009.

FOR FURTHER INFORMATION CONTACT: Eric Miederhoff, Special Review and

Reregistration Division (7508P), Office of Pesticide Programs,

Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460-0001; telephone number: (703) 347-8028; fax number: (703) 308-7070; e-mail address: miederhoff.eric@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-2007-0837. 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 cancellations and amendments to terminate uses, as requested by registrants, of certain end-use malathion products registered under section 3 of FIFRA. These registrations are listed in sequence by registration number in Tables 1 and 2 of this unit.

Table 1.-- Malathion Product Cancellations

Registration Number

Product Name

Company

228-68

Riverdale

Nufarm Americas,

Malathion 5

Inc.

228-93

Riverdale Bin

Nufarm Americas,

Spray

Inc.

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228-244

Riverdale 50%

Nufarm Americas,

Malathion E.C.

Inc.

228-252

Riverdale 4%

Nufarm Americas,

Malathion Dust

Inc.

228-274

Riverdale ULV

Nufarm Americas,

Malathion

Inc.

655-794

Prentox Malathion Prentiss, Inc. 57% EC

5905-7

Fyfanon 5 LB

Helena Chemical

Emulsion

Company

5905-443

Helena Malathion 8 Helena Chemical

Insecticide

Company

34704-3

Malathion 55

Loveland Products

Insecticide

Inc.

Premium Grade

34704-18

Malathion ULV

Loveland Products

Concentrate

Inc.

Insecticide

34704-119

Clean Crop

Loveland Products

Malathion 8EC

Inc.

Insecticide

34704-721

Niagara Malathion Loveland Products 5 Dust

Inc.

Table 2.--Malathion Product Registration Amendments to Terminate Uses

Registration Number

Product Name

Company

Terminate Use

192-96

Dexol Malathion Insect Value Garden Supply

Residential lawns

Control

(broadcast)

239-739

Ortho Malathion 50

The Scotts Company LLC Residential lawns

Insect Spray

(broadcast)

655-310

Malathion 95% Technical Prentiss, Inc.

Greenhouse food crops,

Premium

Commercial/

Institutional/

Industrial premises/ equipment (outdoor), sewer systems

655-598

Prentox Malathion 50%

Prentiss, Inc.

Commercial/

Emulsifiable

Institutional/

Insecticide

Industrial premises/ equipment (outdoor)

655-777

Prentox 5 LB Malathion Prentiss, Inc.

Greenhouse food crops,

Spray

Commercial/

Institutional/

Industrial premises/ equipment (outdoor), lentils, manure piles, residential lawns

(broadcast)

769-736

SMCP Malathion Mole

Value Garden Supply

Residential lawns

Cricket Bait

(broadcast), golf

Insecticide

course turf

769-620

AllPro Malathion 57%

Value Garden Supply

Lentils, greenhouse

Premium Grade

uses, sewage systems, fly control for outdoor building surfaces

769-621

SMCP Malathion EM-5

Value Garden Supply

Residential lawns

(broadcast)

769-644

SMCP MV Fog Solution

Value Garden Supply

Animal premise uses for dairy and livestock barns, stables and pens, food processing plants, outdoor use as a crack and crevice treatment around dairies and stables

769-844

Pratt Malathion Spray

Value Garden Supply

Residential lawns

(broadcast)

769-961

Pratt Malathion 80

Value Garden Supply

Dairy cattle (lactating and nonlactating), poultry houses, cowpea forage and hay, cranberry, plum

5905-250

Fyfanon 8 LB Emulsion

Helena Chemical Company Lentils, cowpea

9779-5

Malathion 5

WinField Solutions

Lentils

10088-56

Malathion 57%

Athea Laboratories,

Ornamental lawns and

Inc.

turf

10163-21

Prokil Malathion 8

Gowan

Lentils, greenhouse uses

10163-152

Malathion Technical

Gowan

Greenhouse food use

19713-217

Drexel Malathion 5EC

Drexel Chemical Company Lentils

Page 34347

19713-402

Drexel Malathion

Drexel Chemical Company Greenhouse food crops,

Technical

uses around commercial and industrial buildings, sewage systems

34704-108

Clean Crop Malathion 57 Loveland Products, Inc. Lentils

EC

34704-474

Cythion 8 Aquamul

Loveland Products, Inc. Lentils

47000-107

Prozap Malathion

Chem-Tech Ltd.

Lentils, residential lawns (broadcast)

48273-26

Marman Malathion ULV

Nufarm

Lentils, greenhouse food uses

59144-1

Malathion 50% Insect

Gro Tec, Inc.

Greenhouse uses

Spray

66330-220

Malathion 5 EC

Arysta LifeScience

Lentils, Greenhouse uses

66330-228

Malathion Technical

Arysta LifeScience

Greenhouse uses

66330-248

Malathion 8 EC

Arysta LifeScience

Greenhouse uses, lentils, Around the outside of buildings

Table 3 of this unit includes the names and addresses of record for all registrants of the products in Tables 1 and 2 of this unit, in sequence by EPA company number.

Table 3.-- Registrants of Cancelled or Amended Malathion Products

EPA Company Number

Company Name and Address

239

The Scotts Company LLC 14111 Scottslawn Road

Marysville, OH 43041

655

Prentiss Incorporated 509 Tower Valley Drive

Hillsboro, MO 63050

769, 192

Value Garden Supply 9100 W. Bloomington Freeway

Suite 113

Bloomington, MN 55431

5905

Helena Chemical Company 7664 Moore Road

Memphis, TN 38120

9779

WinField Solutions

PO Box 64589 MS 5705

St. Paul, MN 55164-0589

10088

Athea Laboratories, Inc.

PO Box 240014

Milwaukee, WI 53224

10163

Gowan

PO Box 5569

Yuma, AZ 85366-5569

19713

Drexel Chemical Company 1700 Channel Avenue

PO Box 13327

Memphis, TN 38113-0327

34704

Loveland Products, Inc. 7251 W 4th Street

PO Box 1286

Greeley, CO 80632-1286

47000

Chem-Tech, Ltd. 4515 Fleur Dr. 303

Des Moines, IA 50321

48273, 228

Nufarm Americas, Inc. 150 Harvester Drive, Suite 200

Burr Ridge, IL 60527

59144

RegWest on behalf of Gro

Tec, Inc. 30856 Rocky Road

Greeley, CO 80631-9375

66330

Arysta Life Science North

America 15401 Weston Parkway, Suite 150

Cary, NC 27513

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 May 20, 2009 Federal Register notice (74 FR 23708;

FRL-8414-2) announcing the Agency's receipt of the requests for voluntary cancellations and amendments to terminate uses of malathion.

IV. Cancellation Order

Pursuant to FIFRA section 6(f), EPA hereby approves the requested cancellations and amendments to terminate uses of malathion registrations identified in Tables 1 and 2 of Unit II. Accordingly, the

Agency orders that the malathion product registrations identified in

Tables 1 and 2 of Unit II. are hereby canceled or amended to terminate the affected uses. Any distribution, sale, or use of existing stocks of the products identified in Tables 1 and 2 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.

Page 34348

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.

Registrants may sell or distribute existing stocks for 1 year from the effective date of cancellation. This policy is in accordance with the Agency's statement of policy as prescribed the Federal Register of

June 26, 1991 (56 FR 29362) (FRL-3846-4). Existing stocks already in the hands of dealers or users can be distributed, sold, or used legally until they are exhausted, provided that such further sale and use comply with the EPA-approved label and labeling of the affected product. Exception to these general rules will be made in specific cases when more stringent restrictions on sale, distribution, or use of the products or their ingredients have already been imposed, as in a special review action, or where the Agency has identified significant potential risk concerns associated with a particular chemical.

List of Subjects

Environmental protection, Pesticides and pests, Malathion.

Dated: July 2, 2009.

Peter Caulkins,

Acting Director, Special Review and Reregistration Division, Office of

Pesticide Programs.

FR Doc. E9-16641 Filed 7-14-09; 8:45 am

BILLING CODE 6560-50-S

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