65 FR 183 pgs. 56894-56895 - Vinclozolin; Receipt of Request For Amendments to DeleteUses
Type: NOTICEVolume: 65Number: 183Pages: 56894 - 56895
Docket number: [OPP-64051; FRL-6744-2]
FR document: [FR Doc. 00-23941 Filed 9-19-00]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
ENVIRONMENTAL PROTECTION AGENCY
[OPP-64051; FRL-6744-2]
Vinclozolin; Receipt of Request For Amendments to DeleteUses
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Notice.
SUMMARY:
In accordance with section 6(f)(1) ofthe FederalInsecticide, Fungicide, and Rodenticide Act (FIFRA), as amended,EPA is issuing a notice ofreceipt of request by BASF Corporation to amend its registrationsfor products containing 3-(3,5-dichlorophenyl)-5-ethenyl-5-methyl-2,4-oxazolidinedione), orvinclozolin, to terminate certainuses. The requests to cancel certain uses from the registrationsare intended to mitigate dietaryand aggregate risks which exceed the Agency's level of concern.EPA will decide whether toapprove the requests after consideration of public comment.
DATES:
Comments on the requested amendments todelete uses must be submitted to the address provided below by October 20, 2000.
FOR FURTHER INFORMATION CONTACT:
By mail:Deanna Scher, Special Review and Reregistration Division (7508C),Office of PesticidePrograms, Environmental Protection Agency, 1200 PennsylvaniaAve., NW., Washington, DC20460; telephone number: (703) 308-7043; e-mail address:scher.deanna@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general.Although this action may be of particularinterest to persons who produce or use pesticides, the Agency hasnot attempted to describe allthe specific entities that may be affected by this action. If youhave any questions regarding theinformation in this notice, consult the person listed under FOR FURTHER INFORMATION CONTACT.
B. How Can I Get Additional Information, Including Copies ofthis Document andOther Related Documents?
Electronically . You may obtain electroniccopies of this document,and certain other related documents that might be availableelectronically, from the EPA InternetHome Page at http://www.epa.gov/. To access this document, on theHome Page select"Laws and Regulations," "Regulations andProposed Rules," and then lookup the entry for this document under the " FederalRegister -Environmental Documents." You can alsogo directly tothe Federal Register listings athttp://www.epa.gov/fedrgstr/.
II. BASF Request to Amend Registrations
A. Background Information
Vinclozolin (trade names Curalan, Ronilan, Vorlan, and Touche)is a fungicide first registered in1981 to control various types of rot cause by Botrytisspp., Sclerotinia spp, and other types ofmold and blight causing organisms on lettuce, onions,raspberries, succulent beans, canola, kiwi, chicory grown forendive, and turf on golf courses, commercial sites, andindustrial sites.Vinclozolin is also registered for use on ornamental plants ingreenhouses and nurseries.
BASF, the sole registrant of vinclozolin, petitioned EPA toestablish tolerances for residues ofthe fungicide vinclozolin and its metabolites containing the3,5-dichloroanaline moiety in or oncanola and succulent beans (65 FR 21427, April 21, 2000)(FRL-6555-6). Concomitantly, BASFalso proposed amendments under section 3 of FIFRA to the labelfor Ronilan fungicide (EPAReg. No. 7969-85) to add the use of these crops. However,EPA was unable to make the"reasonable certainty of no harm" finding mandated bysection 408(b)(2) of the Federal Food, Drug, and Cosmetic Act(FFDCA) forsucculent beans and canola use and associated tolerances if allexisting uses remained in place.
In addition to the action on the tolerance petition, EPA hasbeen working to make a reregistrationdecision under FIFRA concerning vinclozolin and plans to releasea Reregistration EligibilityDecision shortly. As part of the reregistration process, theAgency has recentlyidentified risk concerns for occupational workers in theornamental industry in part due to thepotential for long-term exposure. The Agency also identified arisk of concern for childrenplaying on transplanted sod previously treated on a sod farm.
B. Request for Voluntary Cancellation
To reduce the risk posed by exposure to vinclozolin, andthereby enable the Agency to make a"reasonable certainty of no harm" finding forsucculent beans and canola and the relatedtolerances, BASF requested the immediate voluntary cancellationof some registered uses. Inaddition, BASF requested a phase-out over the next 4 years of alldomestic food uses ofvinclozolin except for the use on canola, and the revocation ofall import tolerances except forwine grapes to permit the importation of treated wine. BASF alsorequested that EPA delete theuse of vinclozolin on ornamentals and modify use of vinclozolinon turf.
On May 31, 2000, BASF submitted a written request to EPAseeking to amend the registrationsfor vinclozolin. Specifically, BASF requested that EPAimmediately amend registration number7969-85 (Ronilan, Curalan, Touche) to terminate the use ofvinclozolin on onions,raspberries, and ornamental plants. The product Vorlan (soldunder EPA registration number7969-85) would no longer be available, as this product isfor use on ornamentals only. BASFmade clear that the proposed use terminations were conditioned onEPA reestablishing theexpired tolerance for vinclozolin use on succulent beans andgranting a new tolerance associatedwith a canola registration. The cancellations were alsoconditioned on EPA accepting certainexisting stock provisions. BASF requested that EPA waive the180-day waiting period for EPAaction on its use termination requests.
Under section 6(f)(1)(A) of FIFRA, registrants may request, atany time, that their pesticideregistrations be amended to delete one or more pesticide uses.Section 6(f)(1)(B) of FIFRArequires that EPA provide a 30-day comment period on therequest for voluntary cancellation.In addition, section 6(f)(1)(C) of FIFRA requires that EPAprovide a 180-day comment period ona request for voluntary termination of any minor agricultural usebefore granting the request,unless the registrants request a waiver of the comment period, orthe Administratordetermines that continued use of the pesticide would pose anunreasonable adverse effect on theenvironment. The registrant has requested that EPA waive the180-day comment period. In lightof this request, EPA is granting the request to waive the180-day comment period.
The following Table 1 specifies the time frame for theimmediate cancellation andphase-out of several uses as requested by BASF. Commoditieslegally treated will be allowed inthe channels of trade past the last date of legal use inaccordance with FFDCA section 408(l)(5).
| Commodity | Date of Use Cancellation Request | Last Date for Sale and Distribution ofExisting Stocks | Last Date for Legal Use |
|---|---|---|---|
| Onions | July 15, 2000 | January 1, 2001 | September 30, 2001 |
| Raspberries | July 15, 2000 | January 1, 2001 | September 30, 2001 |
| Ornamentals | July 15, 2000 | July 15, 2001 | September 1, 2001 |
| Kiwi 24(c) | December 31, 2001* | December 31, 2002 | November 30, 2003 |
| Chicory 24(c) | December 31, 2001* | December 31, 2002 | November 30, 2003 |
| Lettuce | July 15, 2004 | July 15, 2005 | September 30, 2005 |
| Succulent beans | July 15, 2004 | July 15, 2005 | September 30, 2005 |
| * BASF will inform the State ofCalifornia that it can no longer support the 24(c) registrationsby this date. | |||
III. What is the Agency's Authority for Taking this Action?
Section 6(f)(1) of FIFRA provides that a registrant of apesticide product may at any timerequest that any of its pesticide registrations be canceled.FIFRA further provides that, beforeacting on the request, EPA must publish a notice of receipt ofany such request in the Federal Register . Thereafter, the Administrator may approvesuch a request.
IV. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for cancellationmust submit suchwithdrawal in writing to the person listed under FORFURTHER INFORMATION CONTACT, postmarked before October 20, 2000. Thiswritten withdrawal of therequest for cancellation will apply only to the applicable FIFRAsection 6(f)(1) request listed inthis notice. If the product(s) have been subject to a previouscancellation action, the effective dateof cancellation and all other provisions of any earliercancellation action are controlling. Thewithdrawal request must also include a commitment to pay anyreregistration fees due, and tofulfill any applicable unsatisfied data requirements.
V. Proposed Existing Stocks Provision
Pursuant to section 6(f) of FIFRA, EPA proposes to grant therequests for voluntary amendment and cancellation during theappropriate time frames identified in Table 1. For purposes ofthecancellation order that the Agency proposes to issue at the closeof the comment period for this announcement, the term"existing stocks" will be defined, pursuant to EPA'sexisting stockspolicy at (56 FR 29362, June 26, 1991) (FRL 3846-4), asthose stocks of a registered pesticide product which arecurrently in the United States and which have been packaged,labeled, and released for shipment prior to the effective date ofthe amendment or cancellation. Any distribution, sale, or useof existing stocks after the effective date of the cancellationorder that the Agency intends to issue that is not consistentwith the terms of that order will be considered a violation ofsection 12(a)(2)(K) and/or 12(a)(1)(A) of FIFRA.
A. Distribution or Sale by Registrants
If the requested use deletions are approved, the distributionor sale of such stocks by registrants will not be lawful underFIFRA after the sale and distribution dates listed in Table 1,except for the purposes of returns and relabeling, shipping suchstocks for export consistent with therequirements of section 17 of FIFRA, or for proper disposal.
B. Distribution, Sale and Use by Other Persons
If the requested use deletions are approved, retailers,distributors, and end-users may sell,distribute, or use products with previously approved labelingwhich have been released forshipment until such supplies are exhausted or the last legal usedate presented in Table 1.
List of Subjects
Environmental protection, Agricultural commodities, Pesticidesand pests.
Dated: September 7, 2000.
Lois Rossi,
Director, Special Review and Reregistration Division,Office of Pesticide Programs.
[FR Doc. 00-23941 Filed 9-19-00]
BILLING CODE 6560-50-S