Pesticide registration, cancellation, etc.: Diazinon,
[Federal Register: November 15, 2001 (Volume 66, Number 221)]
[Notices]
[Page 57440-57446]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no01-60]
ENVIRONMENTAL PROTECTION AGENCY
[OPP-34225I; FRL-6809-5]
Diazinon; Products Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
SUMMARY: This notice announces EPA's cancellation order for the product and use cancellations as requested by companies (hereafter collectively referred to as the ``EUP Registrants'') that hold the registrations of pesticide End-Use Products (EUPs) containing the active ingredient diazinon and accepted by EPA, pursuant to section 6(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This order follows up a September 13, 2001, notice of receipt from the EUP Registrants, of requests for cancellations and or amendments of their diazinon product registrations to terminate all indoor uses, certain agricultural uses and certain outdoor non- agricultural uses. In the September 13, 2001 notice, EPA indicated that it would issue an order granting the voluntary product and use registration cancellations unless the Agency received any substantive comment within the comment period that would merit its further review of these requests. The Agency did receive one request from an EUP registrant revoking its voluntary cancellation requests for two products. No other comments were received. Accordingly, EPA hereby issues in this notice a cancellation order granting the remaining requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is only permitted in accordance with the terms of the existing stocks provisions of this cancellation order.
DATES: The cancellations are effective November 15, 2001.
FOR FURTHER INFORMATION CONTACT: By mail: John Hebert, Special Review and Reregistration Division (7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (703) 308-6249; fax number: (703) 308-7042; e-mail address: hebert.john@epa.gov.
SUPPLEMENTARY INFORMATION:
-
General Information
-
Does this Action Apply to Me?
This action is directed to the public in general. You may be potentially affected by this action if you manufacture, sell, distribute, or use diazinon products. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, does not apply because this action is not a rule, for purposes of 5 U.S.C. 804(3). Since other entities may also 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.
-
How Can I Get Additional Information, Including Copies of this Document and Other Related Documents?
-
Electronically. You may obtain electronic copies of this document, and certain other related documents that might be available electronically, from the EPA Internet Home Page at http://www.epa.gov/. To access this document, on the Home Page select ``Laws and Regulations,'' ``Regulations and Proposed Rules,'' and then look up the entry for this document under the ``Federal Register -- Environmental Documents.'' You can also go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/. To access information about the risk assessment for diazinon, go to the Home Page for the Office of Pesticide Programs or go directly to http://www.epa.gov/pesticides/op/ diazinon.htm.
-
In person. The Agency has established an official record for this action under docket control number OPP 34225I. The official record consists of the documents specifically referenced in this action, any public comments received during an applicable comment period, and other information related to this action, including any information claimed as Confidential Business Information (CBI). This official record includes the documents that are physically located in the docket, as well as the documents that are referenced in those documents. The public version of the official record does not include any information claimed as CBI. The public version of the official record, which includes printed, paper versions of any electronic comments submitted during an applicable comment period, is available for inspection in the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB telephone number is (703) 305-5805.
-
-
-
Receipt of Requests to Cancel and Amend Registrations to Delete Uses
-
Background
Certain registrants requested in letters dated May, June and August 2001, that their diazinon registrations be amended to delete all indoor uses, certain agricultural uses, and any other uses that the registrants do not wish to maintain. The requests also included deletions of outdoor non-agricultural uses from the labeling of certain end-use products so that such products would be labeled for agricultural uses only. Similarly, other diazinon end-use registrants requested voluntary cancellation of their diazinon EUP registrations with indoor use and/or certain outdoor non-agricultural uses, and any other uses that the registrants do not wish to maintain. EPA announced its receipt of these above-mentioned cancellation requests in a Federal Register notice dated September 13, 2001.
These requested cancellations and amendments are consistent with the requests in December 2000, by the manufacturers of diazinon technical products, and EPA's approval of such requests, to terminate all indoor uses and certain agricultural uses from their diazinon product registrations because of EPA's concern with the potential exposure risk, especially to children, associated with diazinon containing products. The indoor uses and agricultural uses subject to cancellation are identified in the following List.
List -- Uses Requested for Termination
-
Indoor uses: Pet collars, or inside any structure or vehicle, vessel, or aircraft or any enclosed area, and/or on any contents therein (except mushroom houses), including food/feed handling establishments, greenhouses, schools, residences, museums, sports facilities, stores, warehouses and hospitals.
-
Agricultural uses: Alfalfa, bananas, Bermuda grass, dried beans, dried peas, celery, red chicory (radicchio), citrus, clover, coffee, cotton, cowpeas, cucumbers, dandelions, forestry (ground squirrel/ rodent burrow dust stations for public health use), kiwi, lespedeza, parsley, parsnips, pastures, peppers, potatoes (Irish and sweet), sheep, sorghum, squash (winter and summer), rangeland, Swiss chard, tobacco, and turnips (roots and tops).
[[Page 57441]]
In today's Cancellation Order, EPA is approving the registrants' requested cancellations and amendments of the their diazinon end-use products registrations to terminate all uses identified in the List.
-
-
Requests for Voluntary Cancellation of End-Use Products
The end-use product registrations for which cancellation was requested are identified in the following Table 1.
Table 1. -- End-Use Product Registration Cancellation Requests
Company
Reg. No.
Product
Value Garden Supply, LLC
70-177
Kill-Ko Diazinon 2E Insect Spray
70-249
Rigo Diazinon AG 500 Insecticide
70-252
Rigo Diazinon 5% Granules
192-145
Dexol Diazinon 25% Insect Spray
192-165
Dexol Diazinon 2% Granules
192-194
Dexol Ant & Roach Killer
192-208
Dexol Diazinon Insect Spray
769-569
Stephenson Chemicals D.P.S. Roach Powder
769-571
Suregard Diazinon Spray
769-630
SMCP Special Residual Insect Spray
769-750
PCE Diazinon- Pyrethrum Residual Spray
769-754
PCE Diazinon DDVP Residual Spray
769-755
X-It Formula 120
769-768
PCE Diazinon Roach Dust
769-769
Formulation 050
769-784
Di-Azz Ready-to-Use
769-791
Superior Dy-All
769-824
PCO Crack & Crevice
769-861
Pratt Diazinon 25E Insect Spray
769-862
Pratt Diazinon 5% Granular Lawn Insect Control
769-863
Pratt Diazinon 2% Granular Lawn Insect Control
769-890
Agrisect Diazinon 5% Granular
769-891
Agrisect Brand Insecticide Diazinon 2% Dust for Military Use
769--922
Science 5% Diazinon Dust
769-930
Warner Enterprises Ant, Roach & Spider Spray
769-956
Pratt 14% Diazinon
769-974
Diazinon 22.4% Lawn & Garden Water Based Insecticide
5887-104
Black Leaf 5% Diazinon Dust
5887-124
Black Leaf 5% Diazinon Granules
5887-132
Black Leaf 25% Diazinon
Whitmire Micro-Gen Research 499-228
PT 265 - A Knox Out Laboratories, Inc.
Microencapsulated Diazinon
499-330
Whitmire TKO Microencapsulated Diazinon (PT 265)
499-422
TC 132 (TKO PT 265- Greenhouse)
Prentiss Incorporated
655-462
Prentox Diazinon 4S Insecticide
655-465
Prentox Diazinon 2D Insecticide Dust
655-645
Prentox Diazinon Emulsifiable Concentrate
655-799
Prentox Diazinon Lawn & Garden Insecticide
Green Light Company
869-219
Green Light Diazinon 25
PBI Gordon Corporation
2217-496
Gordon's Wasp & Hornet Bomb
[[Page 57442]]
Sergeant's Pet Products, Inc. 2517-24
Double Duty Plus Flea & Tick Collar with Nutrisorb for Dogs
2517-25
Double Duty Plus Flea & Tick Collar with Nutrisorb for Cats
2517-29
Double Duty Reflecting Flea & Tick Collar for Cats
2517-30
Double Duty Reflecting Flea & Tick Collar
Cerexagri, Inc.
4581-379
KNOX OUT GH
Helena Chemical Company
5905-441
Omni-Diazinon
5905-444
Helena Diazinon 40W
5905-525
Diazinon 4EC
Chemical Packaging Corp. 7405-2
Chemi-Cap Roach and Ant Killer
Pursell Industries, Inc.
8660-46
VertaGreen Household Insecticide
8660-59
VertaGreen Sod Webworm Spray
8660-79
VertaGreen Diazinon 12.5% Insect Spray
8660-89
VertaGreen Diazinon 500 Insecticide
8660-91
VertaGreen Diazinon Insecticide 25 Emulsifiable Concentrate
8660-95
VertaGreen for Pro Use Diazinon 14G
8660-103
VertaGreen Lawn Food & Insecticide
8660-124
VertaGreen Diazinon AG 500 Insecticide
8660-206
Koos Nature's Best Lawn & Garden Insect Control
8660-233
Vigro 5% Diazinon Granules Lawn & Garden Insect Control
Spectrum Group, Division of 8845-94
Sprectracide Crawling United Industries Corp.
Insect Control Granules
8845-124
Sprectracide Granules Formula 2
Safeguard Chemical Corp.
8848-4
5-11 Roach and Bug Killer
8848-55
Black Jack Roach & Ant Killer IV
8848-56
707 Residual Formula- 4 Roach Bomb
8848-57
707 Landlord's Formula Two
8848-58
707 Residual Formula #2
Sunniland Corporation
9404-65
25% Diazinon Liquid Concentrate
Chemsico, Division of United 9688-92
Chemsico Granules Industries Corp.
Formula 1
9688-128
Chemsico Diazinon Insect Spray
9688-132
Chemsico Insecticide PD
Agriliance
9779-212
Diazinon 4E
The Sherman Williams Co.
10900-96
Rescue Ant & Roach
Sungro Chemicals, Inc.
11474-31
Sungro Residual Roach Dope
11474-34
Sunbugger Residual Ant & Roach Aqueous
11474-72
Power Residual Spray
Speer Products Incorporated 11715-3
Speer Bug Killer
11715-16
Speer Professional Formulation Diazion Bug Killer
11715-51
Speer Insecticide Diazinon
11715-90
Speer Professional Home Pest Control
[[Page 57443]]
11715-124
Better World Multi- Purpose Aqueous Spray
11715-216
Sudbury Diazinon Insect Spray
11715-296
5% Diazinon Granules Lawn & Garden Insect Control
Louisiana Chemical U.S.A., 11746-32
Davis Kill-A-Bug III Incorporated
11746-33
Davis Kill-A-Bug IV
11746-42
Davis Kill-A-Bug 4E
Drexel Chemical Company
19713-92
Drexel D-264 4E
Unicorn Laboratories
28293-229
Unicorn Diazinon 4E
28293-240
Unicorn Diazinon Granular Lawn Insect Control
28293-241
Unicorn Diazinon 1/2% EW Insecticide
28293-242
Unicorn Diazinon Home Pest Control Insecticide
28293-243
Unicorn Diazinon Home Pest Control Insecticide II
28293-244
Unicorn Diazinon Home Pest Control Pressurized Insecticide
28293-245
Unicorn Diazinon 1% ME Insecticide
28293-246
Unicorn Diazinon 0.5 RTU Insecticide
28293-247
Unicorn Diazinon 2.0 Insecticide
28293-248
Unicorn Diazinon 1/2% ME Insecticide
28293-249
Unicorn Diazinon 1% EW Insecticide
28293-250
Unicorn Diazinon 5.0 EW Insecticide
28293-251
Unicorn Diazinon 2D Insecticide Dust
Professional Supply, Inc. 37915-4
Professional Brand Pest Control Formula D 4E
Quest Chemical Corp.
44446-7
CS 101 Roach and Ant Spray
44446-44
Double Trouble Water Base Diazinon Roach and Ant Spray
Celex, Division of United 46515-17
Super K-GRO Fruit & Industries Corp.
Vegetable Insect Control
Marman USA, Inc.
48273-24
Marman Diazinon 48 EC
Alljack, Division of United 49585-3
Diazinon Granules Industries Corp.
49585-5
Diazinon Soil & Turf
MicroFlo Company
51036-64
Diazinon 4E
51036-197
Diazinon 4E AG
ProGuard, Inc.
58866-10
Master Nurseyman Diazinon-25 Insect Control
PM Resources, Inc.
67517-18
Diazinon Insecticide 25E
67517-29
Diazinon Granules 5%
67517-62
Diazinon Lawn & Garden WBC
Contract Packaging, Inc.
67572-79
CP Diazinon Lawn & Garden WB Concentrate
The Agency received a request from the EUP registrant Prentiss Incorporated (EPA company number 655), revoking its voluntary cancellation requests for two products that were included in the September 13, 2001 notice. As a result, Prentox Liquid Household Spray #1 (EPA registration no. 655-419) and Prentox Diazinon 4E (EPA registration no. 655-457) are not included in this cancellation order. EPA did not receive any substantive comments that would merit further review expressing a need of diazinon products for indoor use. Accordingly, the Agency is issuing an
[[Page 57444]]
order in this notice canceling the registrations identified in Table 1, as requested by the EUP registrants.
-
Requests for Voluntary Amendments of End-Use Product Registrations to Terminate Certain Uses
Pursuant to section 6(f)(1)(A) of FIFRA, many EUP registrants submitted requests to amend a number of their diazinon end-use product registrations to terminate the uses identified in the List, or any other uses as specified for each product in the September 13, 2001 Diazinon 6(f) notice and reiterated in Table 2 below. EPA did not receive any comments expressing a need for any of the canceled uses. The registrations for which amendments to terminate specific uses were requested are identified in the following Table 2.
Table 2. -- End-Use Product Registration Amendment Requests
Company
Reg. No.
Product Name
Use Deletions
The Scotts Company
239-2479
Ortho Diazinon Soil Celery and Turf Insect Control
Prentiss, Inc.
655-556
Diazinon 5G
Celery Insecticide
655-557
Prentox Diazinon 14G Beans (lima, pole, snap; succulent varieties only), celery, cucumbers, parsley, peas (succulent varieties only), peppers, potatoes, squash (summer and winter), sweet potatoes, Swiss chard, and turnips.
Southern Agricultural Insecticides, 829-262
SA-50 Diazinon AG 500 Cucumbers, peppers, Inc.
Insecticide
potatoes, squash (summer and winter), Swiss chard, lawns, grasslands insects, and nuisance pests in outside areas.
Green Light Home Garden
869-139
Green Light Diazinon 5 Celery Granules
869-231
Green Light Diazinon Almonds
Lebanon Seaboard Corporation
961-358
Lebanon Lawn and
Celery Garden Insecticide with Diazinon 5G
Wilbur-Ellis Company
2935-388
Diazinon 4 Spray
Beans, cucumbers, parsley, parsnips, peas, peppers, potatoes, squash, sweet potatoes, Swiss chard, turnips, grasslands, ditch banks, roadsides, wasteland, non-crop areas, barrier strips, ornamentals, (not grown outdoor in nurseries), lawn pest control, and nuisance pests in outside areas.
2935-408
Diazinon 14G
Beans, celery, cucumbers, parsley, peas, peppers, potatoes, squash, sweet potatoes, Swiss chard, and turnips.
Cerexagri, Inc.
4581-392
KNOX OUT NL
Commercial landscape uses (ornamentals in landscaped, mulched, or plant bed areas of commercial properties).
Helena Chemical Company
5905-248
Diazinon AG 500
Beans (lima, snap, and Insecticide
pole; succulent only), parsley, parsnips, peas (succulent only), peppers, potatoes (Irish), squash (summer and winter), sweet potatoes, Swiss chard, ornamentals (except outdoor nurseries only), lawns, and nuisance pests in outdoor areas.
5905-262
Diazinon 14G
Beans (lima, snap, and pole; succulent only), parsley, peas (succulent only), peppers, potatoes, squash (summer and winter), sweet potatoes, and Swiss chard.
5905-474
Helena Diazinon 7E Beans (lima, snap, and Insecticide
pole; succulent only), parsley, parsnips, peas (succulent only), peppers, potatoes (Irish), squash (summer and winter), sweet potatoes, Swiss chard, ornamentals (except outdoor nurseries only), lawns, grassland insects, and nuisance pests in outside areas.
5905-526
Diazinon 50 WP
Beans (lima, snap, and Insecticide
pole; succulent only), parsley, parsnips, peas (succulent only), peppers, potatoes (Irish), squash (summer and winter), sweet potatoes, Swiss chard, ornamentals (except outdoor nurseries only), lawns, livestock insects, fly control in livestock structures, lawns, and nuisance pests in outside areas.
Chemsico, Division of United
8845-92
Spectracide Lawn & Almonds Industries Corporation
Garden Insect Control Concentrate
[[Page 57445]]
8845-95
Spectracide 6000 Lawn Celery & Garden Insect Control
The Andersons, Inc.
9198-62
The Andersons Lawn and Celery Garden Insecticide 5% Diazinon
Lesco
10404-23
LESCO Diazinon 5G Celery Granular Insecticide
Howard Johnson's Enterprises, Inc. 32802-5
All Season Diazinon 5G Celery Insecticide
PBI Gordon Corporation
33955-556
Acme Diazinon 25% Almonds Emulsifiable Concentrate
33955-557
Acme Diazinon 5G Lawn Celery & Garden Insect Control
Platte Chemical Co.
34704-41
Clean Crop Diazinon AG Cucumbers, parsley, 500 Insecticide
parsnips, peppers, potatoes, squash (summer and winter), sweet potatoes, Swiss chard, turnips, grassland insects, lawns, and nusiance pests in outside areas.
34704-57
Clean Crop Diazinon 5 Celery Lawn & Garden
34704-230
Diazinon G-14
Celery, cucumbers, parsley, peppers, potatoes, squash (summer and winter), sweet potatoes, Swiss chard, and turnips.
34704-231
Diazinon 500 AG
Cucumbers, parsley, parsnips, peppers, potatoes, squash (summer and winter), sweet potatoes, Swiss chard, turnips, grassland insects, lawn pest control, and nuisance pests in outside areas.
34704-435
Clean Crop Diazinon Cucumbers, parsley, 50WP Insecticide
parsnips, peppers, potatoes, squash (summer and winter), sweet potatoes, Swiss chard, turnips, grassland insects, livestock insects, fly control in livestock structures, lawns, and nusiance pests in outside areas.
34704-493
Diazinon 5 Granules Celery, collards, cucumbers, parsley, peppers, potatoes, squash (summer and winter), sweet potatoes, Swiss chard, turnips, lawns, and band treatment around house foundation.
Professional Supply, Inc.
37915-6
Professional Brand Pole beans Pest Control Formula DC-500
Enforcer Products, a Division of 40849-30
Enforcer Ant Kill Pole beans and celery National Service Industries, Inc.
Granules II
Morgro, Inc.
42057-90
Morgro Diazinon 25% Oranges Spray
42057-107
Morgro 5% Diazinon Celery Granules
Walla Walla Environmental
47332-4
CPF 2D
Farm buildings including dairy barns and milk parlors warehouses, office buildings, theaters, schools, motels, hotels, factories, and out buildings.
Mircro Flo Company
51036-97
Diazinon 5G Homeowner Celery
Gro Tec, Inc.
59144-2
5% Diazinon Granules Pole beans and celery
59144-28
Diazinon Lawn & Garden Almonds and pole beans Insecticide
[[Page 57446]]
Hacco, Inc.
61282-25
Diazinon Lawn & Garden Almonds WBC
Guardsman Products, Inc.
62366-2
Bug Stuff
Office buildings, schools, hotels, motels, warehouses, theaters, barns, farm buildings (including dairy barns and milk parlors), factories, and out buildings.
Contract Packaging, Inc.
67572-1
CP Diazinon Lawn & Almonds and pole beans Garden WB Ready-to- Use
-
-
Cancellation Order
Pursuant to section 6(f) of FIFRA, EPA hereby approves the requested cancellations of diazinon product and use registrations identified in Tables 1 and 2 of this notice. Accordingly, the Agency orders that the diazinon end-use product registrations identified in Table 1 are hereby canceled. The Agency, also orders that all of the uses identified in the List and all other uses (including specific outdoor non-agricultural uses) identified for deletion in Table 2 are hereby canceled from the end-use product registrations identified in Table 2. Any distribution, sale, or use of existing stocks of the products identified in Tables 1 and 2 in a manner inconsistent with the terms of this Order or the Existing Stock Provisions in Unit IV of this notice will be considered a violation of section 12(a)(2)(K) of FIFRA and/or section 12(a)(1)(A) of FIFRA.
-
Existing Stocks Provisions
For purposes of this Order, the term ``existing stocks'' is defined, pursuant to EPA's existing stocks policy (56 FR 29362, June 26, 1991), as those stocks of a registered pesticide product which are currently in the United States and which have been packaged, labeled, and released for shipment prior to the effective date of the amendment or cancellation. The existing stocks provisions of this Cancellation Order are as follows:
-
Distribution or sale of products bearing instructions for use on agricultural crops. The distribution or sale of existing stocks by the registrant of any product listed in Table 1 or 2 that bears instructions for use on the agricultural crops identified in the List, will not be lawful under FIFRA 1 year after the effective date of the cancellation order, except for the purposes of shipping such stocks for export consistent with section 17 of FIFRA or for proper disposal. Persons other than the registrant may continue to sell or distribute the existing stocks of any product listed in Table 2 that bears instructions for any of the agricultural uses identified in the List after the effective date of the cancellation order.
-
Distribution or sale of products bearing instructions for use on outdoor non-agricultural sites. The distribution or sale of existing stocks by the registrant of any product listed in Table 1 or 2 that bears instructions for use on outdoor non-agricultural sites, will not be lawful under FIFRA 1 year after the effective date of the cancellation order, except for the purposes of shipping such stocks for export consistent with section 17 of FIFRA or for proper disposal. Persons other than the registrant may continue to sell or distribute the existing stocks of any product listed in Table 1 or 2 that bears instructions for use on outdoor non-agricultural sites after the effective date of the cancellation order.
-
Distribution or sale of products bearing instructions for use on indoor sites. The distribution or sale of existing stocks by the registrant of any product listed in Table 1 or 2 that bears instructions for use at or on any indoor sites (except mushroom houses), shall not be lawful under FIFRA as of the effective date of the cancellation order, except for the purposes of shipping such stocks for export consistent with section 17 of FIFRA or for proper disposal.
-
Retail and other distribution or sale of existing stock of products for indoor use. The distribution or sale of existing stocks by any person other than the registrants of products listed in Table 1 or 2 bearing instructions for any indoor uses except mushroom houses will not be lawful under FIFRA after December 31, 2002 except for the purposes of shipping such stocks for export consistent with section 17 of FIFRA or for proper disposal.
-
Use of existing stocks. EPA intends to permit the use of existing stocks of products listed in Table 1 or 2 until such stocks are exhausted, provided such use is in accordance with the existing labeling of that product.
Lists of Subjects
Environmental protection, Memorandum of Agreement, Pesticides and pests.
Dated: November 2, 2001. Jack E. Housenger, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs.
[FR Doc. 01-28635Filed11-14-01; 8:45 a.m.]
BILLING CODE 6560-50-S
-