17366
Federal
Register
/
Vol.
68,
No.
68
/
Wednesday,
April
9,
2003
/
Notices
Office
of
Ground
Water
and
Drinking
Water
(
M/
C
4601M),
1200
Pennsylvania
Avenue,
NW.,
Washington,
DC
20460.
SUPPLEMENTARY
INFORMATION:
The
Council
encourages
the
public's
input
and
will
allocate
one
hour
during
the
meeting
for
this
purpose.
Oral
statements
will
be
limited
to
five
minutes,
and
it
is
preferred
that
only
one
person
present
the
statement
on
behalf
of
a
group
or
organization.
To
ensure
adequate
time
for
public
involvement,
individuals
or
organizations
interested
in
presenting
an
oral
statement
should
notify
the
Council's
Designated
Federal
Officer
by
telephone
at
(
202)
564
 
3791,
no
later
than
May
2,
2003.
Any
person
who
wishes
to
file
a
written
statement
can
do
so
before
or
after
a
Council
meeting.
Written
statements
received
no
later
than
May
2,
2003
will
be
distributed
to
all
members
of
the
Council
before
any
final
discussion
or
vote
is
completed.
Any
statements
received
after
the
meeting
will
become
part
of
the
permanent
meeting
file
and
will
be
forwarded
to
the
Council
members
for
their
information.
Any
person
needing
special
accommodations
at
this
meeting,
including
wheelchair
access,
please
contact
Brenda
Johnson
(
see
FOR
FURTHER
INFORMATION
CONTACT
section).
Arrangements
need
to
be
made
at
least
five
business
days
before
the
meeting
so
that
appropriate
special
accommodations
can
be
made.

Dated:
April
2,
2003.
Cynthia
C.
Dougherty,
Director,
Office
of
Ground
Water
and
Drinking
Water.
[
FR
Doc.
03
 
8669
Filed
4
 
8
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2003
 
0104;
FRL
 
7301
 
2]

Response
to
Requests
to
Cancel
Certain
Chromated
Copper
Arsenate
(
CCA)
Wood
Preservative
Products
and
Amendments
to
Terminate
Certain
Uses
of
other
CCA
Products
AGENCY:
Environmental
Protection
Agency
(
EPA)
ACTION:
Notice
of
a
Cancellation
Order.

SUMMARY:
This
notice
announces
that
a
cancellation
order
was
signed
on
March
17,
2003,
in
response
to
the
use
terminations
and
cancellations
voluntarily
requested
by
the
registrants
of
wood
preservative
pesticide
products
containing
Chromated
Copper
Arsenate
(
CCA)
pursuant
to
section
6(
f)(
1)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA),
as
amended.
In
addition
to
stating
the
Agency's
response
to
the
requests
for
cancellation
of
certain
CCA
products
and
amendments
to
terminate
certain
uses
of
other
CCA
products,
this
notice
also
addresses
the
considerable
number
of
comments
received
in
response
to
the
Agency's
requests
for
public
comments
on
the
above
stated
requests.
In
the
cancellation
order,
the
Agency
granted
certain
of
the
aforementioned
requests
and
did
not
take
any
action
regarding
certain
other
elements
of
the
requests.
Any
sale,
distribution,
or
use
of
affected
products
listed
in
this
notice
will
only
be
permitted
if
such
distribution,
sale,
or
use
is
consistent
with
terms
and
conditions
set
forth
in
the
cancellation
order.
DATES:
The
effective
dates
of
cancellation
are
as
follows:(
1)
For
affected
product
registrations
 
March
17,
2003
(
2)
For
affected
product
registrations
amended
to
delete
terminated
uses
 
May
16,
2003.

FOR
FURTHER
INFORMATION
CONTACT:
By
mail:
Bonaventure
Akinlosotu,
Office
of
Pesticide
Programs
(
7510C),
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue,
N.
W.,
Washington,
DC
20460.
Office
location
for
commercial
courier
delivery,
telephone
number
and
e­
mail
address:
Rm.
308,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Highway,
Arlington,
VA
22202,
(
703)
605
 
0653;
e­
mail:
akinlosotu.
bonaventure@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
This
announcement
consists
of
five
parts.
The
first
part
contains
general
information.
The
second
part
provides
background,
and
summarizes
the
use
terminations
and
product
cancellations
requested
by
the
CCA
product
registrants.
The
third
part
summarizes
the
comments
received
in
response
to
the
Agency's
request
for
public
comments
on
the
aforementioned
registrants'
requests,
and
provides
the
Agency's
response
to
the
comments.
The
fourth
part
provides
a
summary
of
the
Agency's
decision
on
the
voluntary
cancellation
and
use
termination
requests.
The
fifth
part
sets
forth
the
existing
stocks
provisions
that
the
Agency
authorized
in
the
cancellation
order.

I.
General
Information
A.
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
CCA
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.

B.
How
Can
I
Get
Additional
Information,
Including
Copies
of
this
Document
and
Other
Related
Documents?
1.
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/.
2.
In
person.
The
Agency
has
established
an
official
record
for
this
action
under
docket
control
number
OPP
 
2003
 
0104.
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.

II.
Background
and
Summary
of
Registrants'
Request
to
Cancel
Products
and
Delete
Uses
On
February
22,
2002,
the
Agency
announced
the
receipt
of
requests
from
the
registrants
of
wood
preservative
VerDate
Jan<
31>
2003
15:
16
Apr
08,
2003
Jkt
200001
PO
00000
Frm
00032
Fmt
4703
Sfmt
4703
E:\
FR\
FM\
09APN1.
SGM
09APN1
17367
Federal
Register
/
Vol.
68,
No.
68
/
Wednesday,
April
9,
2003
/
Notices
pesticide
products
containing
Chromated
Copper
Arsenate
(
CCA)
to
cancel
certain
CCA
products
and
to
amend
the
registrations
to
terminate
certain
uses
of
other
CCA
products
(
67
FR
8244)(
FRL
 
6826
 
8).
Another
notice
was
issued
(
67
FR
13328,
March
22,
2002)(
FRL
 
6831
 
6)
to
extend
the
comment
period
until
April
9,
2002.
The
requests
proposed
that
only
certain
uses
of
CCA
be
allowed
as
of
December
31,
2003.
The
registrants
stated
in
their
requests
that
their
requests
were
being
made
as
a
result
of
current
and
projected
market
demand
for
CCA
products
and
the
availability
of
new
generation
wood
treatment
products.
The
Agency
considers
these
voluntary
moves
toward
arsenic­
free
wood
treatment
products
as
a
positive
step,
particularly
for
our
nation's
children.
The
Agency
believes
that
reducing
the
potential
residential
exposure
to
a
known
human
carcinogen
is
desirable.
This
transition
affects
all
future
residential
uses
of
wood
treated
with
CCA,
including
wood
used
in
playground
structures,
decks,
picnic
tables,
landscaping
timbers,
residential
fencing,
patios,
walkways
and
boardwalks.
EPA
received
requests
from
four
registrants
(
Table
1
of
this
unit)
to
cancel
2
products
(
Table
2
of
this
unit),
and
to
amend
17
other
affected
end­
use
and
manufacturing­
use
registrations
to
terminate
all
uses
of
such
products
(
Table
3
of
this
unit)
with
the
exception
of
the
treatment
of
wood
products
that
fall
under
the
American
Wood­
Preservers'
Association
(
AWPA)
standards
(
based
on
the
2001
edition
of
the
AWPA
Standards)
listed
in
the
text
of
the
requested
label
amendment
stated
below.

TABLE
1.
 
REGISTRANTS
REQUESTING
VOLUNTARY
TERMINATION
OF
CERTAIN
USES
AND/
OR
CANCELLATION
OF
PRODUCTS
LISTED
IN
TABLES
2
AND
3
EPA
Company
Number
Company
Name
and
Address
003008
Osmose,
Inc.,
980
Ellicott
Street,
Buffalo,
NY
14209
010465
Chemical
Specialties.
Inc.,
One
Woodlawn
Green,
Suite
250,
200
E.
Woodlawn
Road,
Charlotte,
NC
28217
035896
Phibro­
Tech,
Inc.,
Fort
Lee,
NJ
07024
062190
Arch
Wood
Protection,
Inc.,
1955
Lake
Park
Drive,
Suite
250,
Smyrna,
GA
30080
TABLE
2.
 
REGISTRATIONS
WITH
REQUESTS
FOR
CANCELLATION
OF
PRODUCTS
Registration
Number
Product
Name
62190
 
5
WolmanacR
Concentrate
70%

62190
 
11
CCA
Type
C
50%
Chromated
Copper
Arsenate
TABLE
3.
 
REGISTRATIONS
WITH
REQUESTS
FOR
AMENDMENTS
TO
TERMINATE
CERTAIN
USES
Registration
Number
Product
Name
End
Use
Products
3008
 
17
K
 
33
 
C
(
72%)
Wood
Preservative
3008
 
21
Special
K
 
33
Preservative
3008
 
34
K
 
33
(
60%)
Wood
Preservative
3008
 
35
K
 
33
(
40%)
Type­
B
Wood
Preservative
3008
 
36
K
 
33
 
C
(
50%)
Wood
Preservative
3008
 
42
K
 
33
 
A
(
50%)
Wood
Preservative
3008
 
72
Osmose
Arsenic
Acid
75%

10465
 
26
CCA
Type­
C
Wood
Preservative
50%

10465
 
28
CCA
Type­
C
Wood
Preservative
60%

10465
 
32
CSI
Arsenic
Acid
75%

35896
 
2
Wood­
Last
Conc.
Wood
Preservation
AQ
50%
Solution
CCA­
Type
A
62190
 
2
Wolmanac
Concentrate
50%

62190
 
8
Wolmanac
Concentrate
72%

62190
 
14
Wolmanac
Concentrate
60%

VerDate
Jan<
31>
2003
15:
16
Apr
08,
2003
Jkt
200001
PO
00000
Frm
00033
Fmt
4703
Sfmt
4703
E:\
FR\
FM\
09APN1.
SGM
09APN1
17368
Federal
Register
/
Vol.
68,
No.
68
/
Wednesday,
April
9,
2003
/
Notices
TABLE
3.
 
REGISTRATIONS
WITH
REQUESTS
FOR
AMENDMENTS
TO
TERMINATE
CERTAIN
USES
 
Continued
Registration
Number
Product
Name
Manufacturing
Use
Products
3008
 
66
Arsenic
Acid
75%

10465
 
32
CSI
Arsenic
Acid
75%

62190
 
7
Arsenic
Acid
75%

For
affected
manufacturing­
use
products,
the
label
amendments
were
proposed
to
read
as
follows:
Effective
December
31,
2003,
this
product
may
only
be
used
(
1)
for
formulation
of
the
following
end­
use
wood
preservative
products:
ammoniacal
copper
zinc
arsenate
(
ACZA)
or
chromated
copper
arsenate
(
CCA)
labeled
in
accordance
with
the
Directions
for
Use
shown
below,
or
(
2)
by
persons
other
than
the
registrant,
in
combination
with
one
or
more
other
products
to
make:
ACZA
wood
preservative;
or
CCA
wood
preservative
that
is
used
in
accordance
with
the
Directions
for
Use
shown
below.
Effective
December
31,
2003,
this
product
may
only
be
used
for
preservative
treatment
of
the
following
categories
of
forest
products
and
in
accordance
with
the
respective
cited
standard
(
noted
parenthetically)
of
the
2001
edition
of
the
American
Wood­
Preservers
Association
Standards:
Lumber
and
Timber
for
Salt
Water
Use
Only
(
C2),
Piles
(
C3),
Poles
(
C4),
Plywood
(
C9),
Wood
for
Highway
Construction
(
C14),
Poles,
Piles
and
Posts
Used
as
Structural
Members
on
Farms,
and
Plywood
Used
on
Farms
(
C16),
Wood
for
Marine
Construction
(
C18),
Round
Poles
and
Posts
Used
in
Building
Construction
(
C23),
Sawn
Timber
Used
To
Support
Residential
and
Commercial
Structures
(
C24),
Sawn
Crossarms
(
C25),
Structural
Glued
Laminated
Members
and
Laminations
Before
Gluing
(
C28),
Structural
Composite
Lumber
(
C33),
and
Shakes
and
Shingles
(
C34).
Forest
products
treated
with
this
product
may
only
be
sold
or
distributed
for
uses
within
the
AWPA
Commodity
Standards
under
which
the
treatment
occurred.
For
affected
end­
use
products,
the
label
amendments
were
proposed
to
read
as
follows:
Effective
December
31,
2003,
this
product
may
only
be
used
for
preservative
treatment
of
the
following
categories
of
forest
products
and
in
accordance
with
the
respective
cited
standard
(
noted
parenthetically)
of
the
2001
edition
of
the
American
Wood­
Preservers
Association
Standards:
Lumber
and
Timber
for
Salt
Water
Use
Only
(
C2),
Piles
(
C3),
Poles
(
C4),
Plywood
(
C9),
Wood
for
Highway
Construction
(
C14),
Poles,
Piles
and
Posts
Used
as
Structural
Members
on
Farms,
and
Plywood
Used
on
Farms
(
C16),
Wood
for
Marine
Construction
(
C18),
Round
Poles
and
Posts
Used
in
Building
Construction
(
C23),
Sawn
Timber
Used
To
Support
Residential
and
Commercial
Structures
(
C24),
Sawn
Crossarms
(
C25),
Structural
Glued
Laminated
Members
and
Laminations
Before
Gluing
(
C28),
Structural
Composite
Lumber
(
C33),
and
Shakes
and
Shingles
(
C34).
Forest
products
treated
with
this
product
may
only
be
sold
or
distributed
for
uses
within
the
AWPA
Commodity
Standards
under
which
the
treatment
occurred.
In
addition,
the
registrants
requested
that
EPA
allow
use
of
the
previous
(
unamended)
labels
for
a
period
of
60
calendar
days
from
the
date
on
which
the
particular
affected
registrant
receives
EPA's
approval
of
the
amendment(
s)
to
terminate
use(
s),
and
that
EPA
allow
a
further
amendment
by
notification
on
or
before
December
1,
2003,
to
(
1)
delete
the
use
directions
in
effect
prior
to
these
amendments,
and
(
2)
to
delete
the
preface
phrase
``
Effective
December
31,
2003,''
from
the
amended
labels
such
that
the
statement
begins
by
reading,
``
This
product
may
only
be
used
for
preservative
treatment
of
the
following
categories
of
forest
products
and
in
accordance
with
the
respective
cited
standard
(
noted
parenthetically)
of
the
2001
edition
of
the
American
Wood­
Preservers'
Association
Standards*
*
*.''
Furthermore,
the
registrants
stated
in
their
letters
that
they
would
neither
amend
nor
withdraw
their
requests
for
cancellation/
use
terminations
before
EPA
acts
on
them.
Additionally,
the
registrants
will
notify
their
customers
of
the
amended
labels
by
certified
mail
after
EPA
acts
on
the
requests.

III.
Summary
of
Public
Comments
Received
and
Agency
Response
to
Comments
The
Agency
issued
a
notice
of
receipt
of
the
aforementioned
requests
along
with
a
solicitation
for
public
comments
(
February
22,
2002),
followed
by
another
notice
to
extend
the
comment
period
until
April
9,
2002
(
March
22,
2002).
Approximately
6,700
comments
were
submitted
by
the
wood
preservative
industry,
the
chromium
industry,
the
lumber
industry,
the
agricultural
industry,
Kentucky
and
Texas
State
government
officials,
federal
government
officials,
environmental
groups,
businesses
and
private
citizens
of
Corpus
Christi,
Texas,
as
well
as
from
others.
Based
on
the
nature
of
the
concern(
s)
expressed,
the
comments
were
grouped
into
four
major
categories:
(
1)
business
and
economic
concerns
from
the
Agricultural
Community
and
Wood
Treatment
Industry,
(
2)
concerns
with
the
possible
adverse
economic
impact
on
the
Chromium
Industry
and
Corpus
Christi,
Texas,
(
3)
concerns
raised
by
Environmental
Groups,
and
(
4)
other
significant,
pertinent
comments.
Generally,
the
purpose
of
soliciting
comments
pursuant
to
Section
6(
f)
of
FIFRA
is
to
give
an
opportunity
to
comment
to
those
individuals
or
businesses
that
would
be
affected
by
a
registrant's
requested
action
and
to
those
who
may
want
to
apply
for
a
registration
for
a
pesticide
for
which
there
is
a
request
to
cancel
the
registration
or
to
terminate
use(
s).
This
process
helps
to
ensure
that
EPA
is
basing
its
regulatory
decisions
on
the
most
up­
to­
date
and
complete
information.
The
Agency
did
not
specifically
solicit
comments
for
the
purpose
of
determining
if
the
voluntary
cancellation/
use
termination
requests
were
comprehensive
enough
or
fast
enough.
Because
these
are
voluntary
cancellation/
use
termination
requests,
the
registrants
have
proposed
their
own
terms
of
cancellation/
use
termination.
This
type
of
public
comment
opportunity
under
Section
6(
f)
differs
from
the
current
reregistration
public
process
in
that
during
the
reregistration
public
process
the
Agency
solicits
comments
on
a
draft
preliminary
risk
assessment
and
on
draft
risk
mitigation
proposals
in
anticipation
of
actions
that
may
not
be
voluntary.
Therefore,
the
scope
of
the
public
comment
opportunity
in
the
reregistration
process
is
much
broader
than
the
scope
of
the
opportunity
in
this
voluntary
cancellation/
use
termination.
Below
is
the
summary
of
the
comments
received
in
response
to
EPA's
request
for
public
comments,
along
with
the
corresponding
Agency
response.

A.
Business
and
Economic
Concerns
from
the
Agricultural
Community
and
Wood
Treating
Industry
Comments.
The
majority
of
the
comments
received
within
this
category
specifically
requested
that
the
Agency
not
accept
the
request
to
cancel
the
use
of
CCA­
treated
lumber
for
agricultural
VerDate
Jan<
31>
2003
15:
16
Apr
08,
2003
Jkt
200001
PO
00000
Frm
00034
Fmt
4703
Sfmt
4703
E:\
FR\
FM\
09APN1.
SGM
09APN1
17369
Federal
Register
/
Vol.
68,
No.
68
/
Wednesday,
April
9,
2003
/
Notices
fence
posts
based
on
the
lack
of
exposure
to
children
and
the
higher
cost
of
the
alternative
products.
These
comments
were
received
from
the
wood
preservative,
chromium,
lumber,
and
agricultural
industries,
as
well
as
private
citizens,
businesses,
and
town
officials
of
Corpus
Christi.
With
respect
to
exposure
to
children,
the
commenters
stated
their
belief
that
there
is
little
exposure
to
children
from
agricultural
fencing
(
as
compared
to
a
deck
or
playground
constructed
of
CCA
treated
wood)
because
agricultural
fences
are
generally
far
away
from
residences
and
because
children
typically
do
not
play
on
a
fence
as
they
would
a
deck
or
playground.
In
addition,
the
commenters
stated
that
the
exclusion
of
CCA­
treated
wood
for
agricultural
fence
posts
from
the
label
would
cause
an
adverse
economical
impact
on
the
agricultural,
lumber,
and
wood
treatment
industries
due
to
the
higher
cost
of
the
alternative
treatment
products.
The
commenters
stated
that
the
wood
treatment
plants,
the
agricultural
industry,
and
the
chromium
industry
may
suffer
considerable
financial
and
market
damage
due
to
the
cost
of
converting
wood
preserving
plants
currently
treating
with
CCA
to
an
alternative
chemical
(
estimated
cost
ranges
from
$
75,000
to
$
125,000),
and
the
costs
of
the
alternative
treatment
products
(
estimated
to
be
10
 
15%
higher
than
CCA
products
at
the
retail
level
and
30%
higher
than
CCA
products
for
the
agricultural
industry).
The
commenters
stated
their
belief
that
as
a
result
of
the
above
stated
concerns,
there
will
be
loss
of
employment
within
the
industries
concerned.
The
Agency
also
received
a
number
of
comments
regarding
the
use
of
CCA
to
treat
wood
used
for
permanent
wood
foundations.
The
comments
received
indicated
a
need
to
retain
this
important
use
and
that
it
posed
little
opportunity
for
residential
exposure.
Agency's
response.
The
Agency
is
currently
separately
from
this
voluntary
cancellation/
use
termination
action,
reviewing
the
exposure
and
risk
(
as
well
as
the
benefits)
of
all
uses
of
CCA
through
its
reregistration
process.
In
light
of
the
issues
raised
by
commenters
with
regard
to
agricultural
fence
post
and
permanent
wood
foundation
uses,
EPA
believes
it
is
appropriate
to
evaluate
the
commenters'
concerns
during
that
review.
For
example,
fence
posts
treated
according
to
AWPA
Standard
C16
are
for
agricultural
purposes
only.
This
particular
type
of
fence
post
is
used
by
many
farmers
and
ranchers
for
barbed
and
other
wire
fencing.
The
distribution
channels,
aesthetics,
size,
round
shape,
and
random
diameter
of
that
type
of
fence
post
effectively
limit
its
use
for
specific
agricultural
purposes,
and
make
it
inappropriate
for
residential
applications.
The
Agency
has
determined,
based
on
available
information
and
field
investigations,
that
agricultural
fence
posts
are
not
sold
into
the
residential
market.
On
the
other
hand,
wood
treated
for
fence
posts
according
to
AWPA
Standard
C5
is
sold
at
the
retail
level
for
residential
fencing
and
can
be
used
for
other
residential
applications
as
well.
Rather
than
delay
acceptance
of
other
portions
of
the
voluntary
cancellation/
use
termination
requests
until
the
reregistration
review
is
complete,
EPA
has
decided
to
accept
the
requests
for
voluntary
cancellation/
use
termination
for
the
other
uses
and
defer
any
action
with
respect
to
requests
to
terminate
agricultural
fence
post
and
permanent
wood
foundation
uses
until
the
Agency
has
evaluated
those
uses
through
the
reregistration
process.
If
at
any
time
during
the
reregistration
review
the
Agency
determines
it
has
sufficient
information
to
take
an
action,
that
is,
to
either
accept
or
refuse
the
requests
for
use
termination
of
those
uses,
the
Agency
will
take
appropriate
action.
EPA
believes
this
temporary
deferral
of
action
is
consistent
with
the
principle
to
phase
out
CCA
for
residential
uses.

B.
Concerns
With
the
Possible
Adverse
Economic
Impact
on
the
Chromium
Industry
and
Corpus
Christi,
Texas
Comments.
Approximately
430
comments
were
received
regarding
the
potential
adverse
economic
effect
from
the
proposed
cancellation
or
termination
of
CCA
products
or
treated
wood
uses
on
the
chromic
acid
manufacturing
plant
in
Corpus
Christi,
Texas.
The
residents
of
Corpus
Christi
have
within
their
city
limits
a
plant
owned
by
Elementis
Chromium
L.
P.
(
Elementis),
the
only
major
manufacturer
of
chromic
acid
in
the
United
States.
This
chromic
acid
plant
employs
more
than
100
residents
of
the
Corpus
Christi
area
and
by
its
supply
purchases
and
salaries,
inputs
about
$
40
million
per
year
into
the
economy
of
Corpus
Christi.
Elementis
believes
the
projected
70%
decrease
in
total
sales
of
CCA­
treated
products
2
years
after
the
amendment
is
accepted
will
have
adverse
economic
consequences
on
the
status
of
the
plant
operations
and
the
city
of
Corpus
Christi.
Also,
the
chromium
industry
and
wood
treatment
industry
requested
EPA
limit
its
action
regarding
the
phase­
out
to
only
CCA­
treated
playground
structures
and
decks
at
this
time,
pending
the
outcome
of
the
risk
assessment
being
currently
conducted
by
the
Agency.
It
was
requested
that
certain
uses
of
CCA­
treated
wood,
which
were
proposed
for
termination
be
allowed
to
continue.
Specifically,
the
commenters
requested
that
CCA­
treated
wood
continue
to
be
permitted
for
the
following
uses
under
the
AWPA
Commodity
Standards
C2
(
Lumber,
Timber,
Bridge
Ties,
Mine
Ties
for
above­
ground,
soil
and
freshwater
use),
C5
(
Fence
Posts),
C15
(
Wood
for
Commercial­
Residential
Construction­
Preservative
Treatment
by
Pressure
Processes),
C16
(
Agricultural
Fence
Posts
and
certain
Wood
used
on
Farms),
and
C22
(
Permanent
Wood
Foundation
Material).
Agency's
response.
By
way
of
background,
under
FIFRA,
a
registration
or
``
license''
is
issued
to
an
applicant
for
a
pesticide
product
once
all
necessary
data
requirements
in
support
of
the
registration
have
been
satisfied
and
the
application
has
been
found
to
be
acceptable.
In
order
to
obtain
a
registration
for
a
pesticide
under
FIFRA,
an
applicant
for
registration
must
demonstrate
that
the
pesticide
satisfies
the
statutory
standard
for
registration.
The
standard
requires,
among
other
things,
that
the
pesticide
perform
its
intended
function
without
causing
unreasonable
adverse
effects
on
the
environment.
The
term
``
unreasonable
adverse
effects
on
the
environment''
is
defined,
among
other
things,
as
``
any
unreasonable
risk
to
man
or
the
environment,
taking
into
account
the
economic,
social,
and
environmental
costs
and
benefits
of
the
use
of
any
pesticide.''
Under
the
statute,
a
registrant
may
at
any
time
voluntarily
request
cancellation
of
a
particular
pesticide
registration
or
termination
of
certain
uses
for
the
registration.
Upon
receipt
of
such
requests,
the
Agency
acts
upon
the
requests
pursuant
to
section
6(
f)
of
FIFRA
by
notifying
the
public
and
soliciting
comments
from
the
public
on
the
requests
received.
The
Agency
reviews
the
comments
and
may,
based
upon
the
comments
received
and/
or
any
information
or
knowledge
it
may
have
concerning
the
pesticide
and
its
uses
in
the
environment,
accept
or
deny
the
request
either
in
whole
or
part.
With
regard
to
the
comments
received
from
the
chromium
industry
and
on
behalf
of
residents
of
Corpus
Christi,
Texas,
as
stated
earlier,
at
this
time,
the
Agency
is
not
acting
upon
certain
use
terminations
proposed
by
the
registrants.
Specifically,
the
Agency
is
deferring
action
on
two
use
terminations
addressed
in
the
comments,
agricultural
fence
posts
and
permanent
wood
VerDate
Jan<
31>
2003
15:
16
Apr
08,
2003
Jkt
200001
PO
00000
Frm
00035
Fmt
4703
Sfmt
4703
E:\
FR\
FM\
09APN1.
SGM
09APN1
17370
Federal
Register
/
Vol.
68,
No.
68
/
Wednesday,
April
9,
2003
/
Notices
foundations.
The
Agency
will
examine
such
uses
as
part
of
its
reregistration
assessment
of
CCA
products.
However,
the
remaining
voluntary
cancellation
requests
were
finalized
on
March
17,
2003,
and
the
use
terminations
are
effective
as
of
May
16,
2003.

C.
Concerns
Raised
by
Environmental
Groups
Comments.
In
their
comments,
the
environmental
groups
(
Clean
Water
Action,
Healthy
Building
Network,
and
others)
expressed
concerns
with
the
estimated
75
billion
board
feet
(
estimated
by
the
American
Wood
Preservers
Institute)
of
CCA­
treated
wood
currently
in
use
in
residential
settings.
This
proposed
voluntary
cancellation
request
affects
future
residential
uses
of
CCA
products
but
does
not
address
existing
CCA­
treated
wood
decks
and
play
structures.
The
environmental
groups
urged
EPA
to
complete
the
CCA
risk
assessments
to
determine
the
dangers
posed
by
CCAtreated
wood
currently
in
use.
Concerns
were
also
expressed
over
the
safety
of
building
contractors
who
come
into
contact
with
CCA­
treated
wood
used
during
building
construction
and
with
utility
workers
working
with
utility
poles.
As
a
result,
there
were
requests
to
extend
use
restrictions
to
include
all
uses,
residential
and
industrial.
The
environmental
groups
also
believe
that
the
time
frame
for
the
phase­
out
of
CCA­
treated
wood
from
residential
uses
is
too
lengthy,
and
that
the
phase­
out
is
not
comprehensive
enough.
They
appeared
to
assume
that
CCA­
treated
plywood
would
continue
to
be
sold
in
retail
stores
indefinitely.
The
commenters
also
expressed
concerns
that
the
Agency
doesn't
address
proper
disposal
of
CCA­
treated
wood,
and
treated
wood
could
be
burned
or
dumped
in
landfills
where
it
can
contaminate
soil
and
groundwater.
They
suggested
that
the
registration
be
amended
to
include
proper
handling,
use
and
disposal
of
CCA­
treated
wood.
Agency's
response.
The
Agency
acknowledges
the
concerns
expressed
by
environmental
groups
regarding
the
potential
risks
of
CCA
to
human
health
and
the
environment,
and
the
need
to
proceed
as
quickly
as
possible
given
the
potential
risks.
The
Agency
intends
to
address
the
commenters'
concerns
in
two
ongoing
Agency
processes
in
which
the
risk
of
the
non­
cancelled
or
terminated
uses
of
CCA
are
currently
being
assessed.
The
Agency
is
currently
conducting
two
risk
assessments,
one
that
focuses
on
children's
exposure
to
CCA
from
play
structures
and
decks
constructed
of
CCA
treated
wood
(
uses
of
which
are
terminated
pursuant
to
the
cancellation
order),
and
one
that
focuses
on
the
remaining
industrial
and
marine
uses.
The
result
of
the
children's
exposure
assessment
will
serve
as
the
basis
for
determining
if
further
action
is
needed
concerning
existing
play
structures
and
decks.
The
Agency
is
also
currently
examining
the
use
of
CCA­
treated
wood
in
light
of
the
latest
science
and
safety
standards,
under
EPA's
reregistration
process.
Upon
the
completion
of
the
overall
risk
assessment,
which
will
address
the
remaining
uses
of
CCA
and
any
occupational
hazards
that
may
exist
from
exposure
to
CCA,
and
the
benefits
assessment,
the
Agency
will
announce
its
proposed
approach
and
the
public
will
be
afforded
an
opportunity
to
provide
comments.
The
Agency
will
then
consider
any
comments
received
and
make
a
final
determination
as
to
the
reregistration
eligibility
of
the
remaining
uses
of
CCA.
With
respect
to
the
disposal
of
CCAtreated
wood,
CCA­
treated
wood
is
classified
as
non­
hazardous
waste
under
the
Federal
Resource
Conservation
and
Recovery
Act
(
RCRA).
Disposal
of
CCAtreated
wood
is
addressed
via
the
Consumer
Awareness
Program
(
CAP).
The
CAP
is
a
voluntary
program
established
in
1986
(
and
later
updated
in
2001)
by
the
registrants
of
CCA
products,
to
protect
consumers
by
providing
them
with
information
on
the
proper
handling,
use
and
disposal
of
CCA­
treated
wood.
Under
this
program,
instructions
on
the
proper
handling,
use
and
disposal
of
CCA­
treated
wood
are
disseminated
to
consumers
upon
purchasing
CCA­
treated
wood
products
via
the
Consumer
Safety
Information
Sheets
(
CSIS)
and/
or
end
tag
labeling
applied
to
the
wood
product
itself.
EPA
also
disseminates
guidance
to
consumers
to
advise
against
burning
CCA­
treated
wood.
Additional
information
regarding
the
CAP,
handling,
use
and
disposal
of
CCAtreated
wood
can
be
obtained
from
the
Agency's
Web
site
at:
http://
www.
epa.
gov/
pesticides/
citizens/
1file.
htm.

D.
Other
Significant
Pertinent
comments
1.
Clarification
regarding
AWPA
Standard
C5
 
comment.
An
inquiry
was
made
as
to
the
potential
decision
to
allow
wood
to
be
treated
with
CCA
for
agricultural
purposes
(
fence
posts)
under
AWPA
Standard
C16
yet
questioning
why
it
would
be
a
prohibited
use
under
the
AWPA
Standard
C5.
Agency
response.
As
discussed
earlier,
the
Agency
is
not
taking
any
action
on
the
requests
to
delete
the
agricultural
fence
post
use
of
wood
treated
with
CCA.
Fence
posts
treated
according
to
AWPA
Standard
C16
are
for
agricultural
purposes
only.
This
particular
type
of
fence
post
is
used
by
many
farmers
and
ranchers
for
barbed
and
other
wire
fencing.
The
distribution
channels,
aesthetics,
size,
round
shape,
and
random
diameter
of
that
type
of
fence
post
effectively
limit
its
use
for
specific
agricultural
purposes,
and
make
it
inappropriate
for
residential
applications.
The
Agency
has
determined,
based
on
available
information
and
field
investigations,
that
agricultural
fence
posts
are
not
sold
into
the
residential
market.
Fence
posts
treated
according
to
AWPA
Standard
C5,
however,
are
for
residential
purposes.
Prior
to
the
voluntary
cancellation/
use
terminations,
the
labels
permitted
wood
treated
for
fence
posts
according
to
AWPA
standard
C5
to
be
used
for
residential
fencing,
and
it
could
also
possibly
be
used
for
other
residential
applications
as
well.
2.
CCA
 
treated
wood
export
restrictions
 
i.
Comment.
Comments
sought
clarification
on
whether
wood
treated
with
CCA
can
be
exported
to
other
countries
for
use
in
residential
settings.
Agency
response.
As
stated
in
this
notice,
under
the
Cancellation
Order,
effective
December
31,
2003,
wood
treatment
facilities
are
only
allowed
to
treat
wood
products
with
CCA
that
are
intended
to
be
used
only
for
those
remaining
uses
approved
on
the
CCA
product
label.
Wood
intended
for
use
in
prohibited
residential
settings
may
not
be
treated
with
CCA
after
December
30,
2003,
unless
the
product
being
used
is
a
pre­
existing
product
and
such
use
is
permitted
by
that
product
label.
(
See
Unit
V:
``
Provisions
for
Disposition
of
Existing
Stocks'')
Because
of
the
method
of
product
manufacture
and
distribution
used
in
the
wood
preservation
industry,
the
Agency
does
not
expect
any
more
than
de
minimus
stocks
to
exist
as
of
December
31,
2003,
that
do
not
bear
the
more
restrictive
label
language.
Hence,
beginning
December
31,
2003,
unless
the
label
on
the
affected
product
provides
otherwise,
it
would
be
illegal
to
treat
wood
with
CCA
for
any
prohibited
residential
use,
regardless
of
whether
the
treated
wood
is
to
be
used
in
the
United
States
or
exported
for
use
in
other
countries.
3.
Request
received
from
American
Wood­
Preservers
Institute
(
AWPI)
 
comment.
The
American
Wood­
Preservers
Institute,
which
provided
comments
on
behalf
of
the
companies
that
treat
wood,
requested
that
the
proposed
cancellation
date
of
December
31,
2003,
be
extended
an
additional
3
 
6
months
to
allow
further
time
for
VerDate
Jan<
31>
2003
15:
16
Apr
08,
2003
Jkt
200001
PO
00000
Frm
00036
Fmt
4703
Sfmt
4703
E:\
FR\
FM\
09APN1.
SGM
09APN1
17371
Federal
Register
/
Vol.
68,
No.
68
/
Wednesday,
April
9,
2003
/
Notices
treating
plants'
transition/
conversion
to
alternative
chemicals.
Agency
response.
The
Agency
recognizes
that
the
transition
to
alternative
chemicals
may
pose
significant
challenges
to
some
stakeholders
including
wood
treaters.
However,
in
their
request
for
voluntary
cancellation/
use
termination,
the
registrants
stated
that
a
22
 
month
phase­
in
period
was
practicable
based
on
the
amount
of
time
they
believed
is
required
to
convert
and
retrofit
the
treating
plants.
The
commenters
did
not
present
any
substantial
information
that
would
render
the
requested
time
period
inappropriate,
and
therefore
EPA
is
not
extending
the
requested
time
period.

IV.
Summary
of
Agency's
Decision
Regarding
the
Voluntary
Cancellation/
Use
Termination
Requests
The
Agency
has
accepted
portions
of
the
proposed
voluntary
cancellation/
use
termination
requests
and
is
deferring
action
on
other
portions.
As
stated
earlier,
in
light
of
the
issues
raised
by
commenters
with
regard
to
the
agricultural
fence
post
and
permanent
wood
foundation
uses,
the
Agency
has
decided
to
defer
its
decision
and
action
on
the
registrants'
request
to
terminate
these
uses
until
the
Agency
has
evaluated
these
uses
through
the
reregistration
process.
If
at
any
time
during
the
reregistration
review
the
Agency
determines
it
has
sufficient
information
to
take
any
action,
that
is,
to
either
accept
or
refuse
the
requests
for
termination
of
those
uses,
the
Agency
will
take
appropriate
action
at
that
time.
EPA's
decision
on
the
other
portions
of
the
requests
for
voluntary
cancellation/
use
termination
is
as
follows:
1.
The
following
product
registrations
were
cancelled
as
of
March
17,
2003:

62190
 
5
WolmanacR
Concentrate
70%

62190
 
11
CCA
Type
C
50%
Chromated
Copper
Arsenate
2.
The
following
manufacturing
product
registrations
were
amended
to
delete
certain
terminated
uses
as
of
May
16,
2003:

3008
 
66
Arsenic
Acid
75%

10465
 
32
CSI
Arsenic
Acid
75%

62190
 
7
Arsenic
Acid
75%

For
the
above
identified
manufacturing­
use
products,
the
accepted
amended
labeling
reads
as
follows:
Effective
December
31,
2003,
this
product
may
only
be
used
(
1)
for
formulation
of
the
following
end­
use
wood
preservative
products:
ammoniacal
copper
zinc
arsenate
(
ACZA)
or
chromated
copper
arsenate
(
CCA)
labeled
in
accordance
with
the
Directions
for
Use
shown
below,
or
(
2)
by
persons
other
than
the
registrant,
in
combination
with
one
or
more
other
products
to
make:
ACZA
wood
preservative;
or
CCA
wood
preservative
that
is
used
in
accordance
with
the
Directions
for
Use
shown
below.
Effective
December
31,
2003,
this
product
may
only
be
used
for
preservative
treatment
of
the
following
categories
of
forest
products
and
in
accordance
with
the
respective
cited
standard
(
noted
parenthetically)
of
the
2001
edition
of
the
American
Wood­
Preservers
Association
Standards:
Lumber
and
Timber
for
Salt
Water
Use
Only
(
C2),
Piles
(
C3),
Poles
(
C4),
Plywood
(
C9),
Wood
for
Highway
Construction
(
C14),
Round,
Half
Round
and
Quarter
Round
Fence
Posts
(
C16),
Poles,
Piles
and
Posts
Used
as
Structural
Members
on
Farms,
and
Plywood
Used
on
Farms
(
C16),
Wood
for
Marine
Construction
(
C18),
Lumber
and
Plywood
for
Permanent
Wood
Foundations
(
C22),
Round
Poles
and
Posts
Used
in
Building
Construction
(
C23),
Sawn
Timber
Used
To
Support
Residential
and
Commercial
Structures
(
C24),
Sawn
Crossarms
(
C25),
Structural
Glued
Laminated
Members
and
Laminations
Before
Gluing
(
C28),
Structural
Composite
Lumber
(
C33),
and
Shakes
and
Shingles
(
C34).
Forest
products
treated
with
this
product
may
only
be
sold
or
distributed
for
uses
within
the
AWPA
Commodity
Standards
under
which
the
treatment
occurred.

3.
The
following
end
use
product
registrations
were
amended
to
delete
certain
terminated
uses
as
of
May
16,
2003:

3008
 
17
K
 
33
 
C
(
72%)
Wood
Preservative
3008
 
21
Special
K
 
33
Preservative
3008
 
34
K
 
33
(
60%)
Wood
Preservative
3008
 
35
K
 
33
(
40%)
Type­
B
Wood
Preservative
3008
 
36
K
 
33
 
C
(
50%)
Wood
Preservative
3008
 
42
K
 
33
 
A
(
50%)
Wood
Preservative
3008
 
72
Osmose
Arsenic
Acid
75%

10465
 
26
CCA
Type­
C
Wood
Preservative
50%

10465
 
28
CCA
Type­
C
Wood
Preservative
60%

10465
 
32
CSI
Arsenic
Acid
75%

35896
 
2
Wood­
Last
Conc.
Wood
Preservation
AQ
50%
Solution
CCA­
Type
A
62190
 
2
Wolmanac
Concentrate
50%

VerDate
Jan<
31>
2003
15:
16
Apr
08,
2003
Jkt
200001
PO
00000
Frm
00037
Fmt
4703
Sfmt
4703
E:\
FR\
FM\
09APN1.
SGM
09APN1
17372
Federal
Register
/
Vol.
68,
No.
68
/
Wednesday,
April
9,
2003
/
Notices
62190
 
8
Wolmanac
Concentrate
72%

62190
 
14
Wolmanac
Concentrate
60%

For
the
above
identified
end­
use
products,
the
accepted
amended
label
is
to
read
as
follows:
Effective
December
31,
2003,
this
product
may
only
be
used
for
preservative
treatment
of
the
following
categories
of
forest
products
and
in
accordance
with
the
respective
cited
standard
(
noted
parenthetically)
of
the
2001
edition
of
the
American
Wood­
Preservers
Association
Standards:
Lumber
and
Timber
for
Salt
Water
Use
Only
(
C2),
Piles
(
C3),
Poles
(
C4),
Plywood
(
C9),
Wood
for
Highway
Construction
(
C14),
Round,
Half
Round
and
Quarter
Round
Fence
Posts
(
C16),
Poles,
Piles
and
Posts
Used
as
Structural
Members
on
Farms,
and
Plywood
Used
on
Farms
(
C16),
Wood
for
Marine
Construction
(
C18),
Lumber
and
Plywood
for
Permanent
Wood
Foundations
(
C22),
Round
Poles
and
Posts
Used
in
Building
Construction
(
C23),
Sawn
Timber
Used
To
Support
Residential
and
Commercial
Structures
(
C24),
Sawn
Crossarms
(
C25),
Structural
Glued
Laminated
Members
and
Laminations
Before
Gluing
(
C28),
Structural
Composite
Lumber
(
C33),
and
Shakes
and
Shingles
(
C34).
Forest
products
treated
with
this
product
may
only
be
sold
or
distributed
for
uses
within
the
AWPA
Commodity
Standards
under
which
the
treatment
occurred.
4.
Further
amendments
to
the
product
label
will
be
made
by
the
registrants
of
the
above
identified
amended
registrations
via
notification
to
the
Agency
on
or
before
December
1,
2003,
to:
(
1)
Delete
the
use
directions
in
effect
prior
to
these
amendments,
and
(
2)
delete
the
preface
phrase
``
Effective
December
31,
2003,''
from
the
amended
labels
such
that
the
statement
begins
by
reading,
``
This
product
may
only
be
used
for
preservative
treatment
of
the
following
categories
of
forest
products
and
in
accordance
with
the
respective
cited
standard
(
noted
parenthetically)
of
the
2001
edition
of
the
American
Wood­
Preservers'
Association
Standards...''
These
specific
changes
may
be
done
via
notification.
5.
The
registrants
of
the
above
identified
products
will
notify
their
customers
of
the
amended
registrations/
labels
by
certified
mail.
This
is
to
ensure
that
those
who
are
affected
by
the
cancellation
order
are
aware
of
the
labeling
changes.
6.
The
cancellation
order
included
existing
stocks
provisions
as
described
in
Unit
V
below.
7.
The
text
in
40
CFR
152.132
provides
that
a
distributor
(
or
supplemental
registrant)
is
considered
an
agent
of
the
registrant
for
intents
and
purposes
under
the
act,
and
both
the
registrant
and
the
distributor
may
be
held
liable
for
violations
pertaining
to
the
distributor
product.
V.
Provisions
for
Disposition
of
Existing
Stocks
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
cancellation
or
amendment.
Any
distribution,
sale
or
use
of
existing
stocks
in
a
manner
inconsistent
with
the
terms
of
the
cancellation
order
or
the
existing
stocks
provisions
contained
in
the
order
will
be
considered
a
violation
of
section
12(
a)(
2)(
K)
and/
or
section
12(
a)(
1)(
A)
of
FIFRA.
The
following
summarizes
the
effective
dates
of
cancellation
as
well
as
the
existing
stocks
provisions
for
each
product
subject
to
the
cancellation
order.
1.
Cancelled
registrations
(
Table
2
in
Unit
II).
The
effective
date
of
cancellation
was
March
17,
2003,
the
date
upon
which
the
cancellation
order
was
signed.
Registrants
have
60
calendar
days
following
the
signing
of
the
cancellation
order
(
until
May
16,
2003)
in
which
to
sell
or
distribute
products
listed
in
Table
2.
Registrants
were
notified
of
the
signing
of
the
cancellation
order
and
of
the
required
changes
to
labels
on
the
date
the
order
was
signed
by
telephone
and
facsimile
transmission.
Any
sale,
distribution,
or
use
by
the
registrants
of
these
affected
products
on
or
after
that
date
is
prohibited.
Sale,
distribution,
or
use
by
persons
other
than
the
registrants
may
continue
until
supplies
are
exhausted.
Additionally,
sale,
distribution
or
use
of
the
stocks
by
persons
other
than
the
registrant
in
the
channels
of
trade
may
continue
until
depleted,
provided
any
sale,
distribution,
or
use
is
in
accordance
with
the
existing
label
of
that
product.
2.
Registrations
amended
to
delete
terminated
uses
(
Table
3).
The
effective
date
of
the
cancellation
effectuating
the
use
terminations
is
May
16,
2003.
The
registrants'
voluntary
requests
for
termination
of
uses
had
requested
that
EPA
allow
use
of
the
previous
(
unamended)
labels
for
a
period
of
60
calendar
days
from
the
date
on
which
the
particular
affected
registrant
receives
EPA's
approval
of
the
amendments.
The
Agency
is
granting
this
request
by
making
the
effective
date
of
cancellation
60
calendar
days
following
the
signing
of
the
cancellation
order.
Registrants
were
notified
of
the
signing
of
the
cancellation
order
and
of
the
required
changes
to
labels
on
the
date
the
order
was
signed
by
telephone
and
facsimile
transmission.
This
60­
day
period
is
intended
to
allow
a
sufficient
period
of
time
for
an
orderly
transition
to
the
amended
labels
without
disrupting
supply
and
availability
of
product.
On
or
after
May
16,
2003,
any
sale,
distribution,
or
use
of
existing
stocks
by
the
registrants
of
the
subject
registrations
is
prohibited.
Sale,
distribution,
or
use
by
persons
other
than
the
registrants
may
continue
until
supplies
are
exhausted.
Additionally,
sale,
distribution
or
use
of
the
stocks
in
the
channels
of
trade
by
persons
other
than
the
registrant
may
continue
until
depleted,
provided
any
sale,
distribution
or
use
is
in
accordance
with
the
existing
label
of
that
product.

List
of
Subjects
Environmental
protection,
Chromated
Copper
Arsenate,
Pesticides
and
pests.

Dated:
March
27,
2003.
Jack
E.
Housenger,
Acting
Director,
Antimicrobials
Division,
Office
of
Pesticide
Programs.
[
FR
Doc.
03
 
8372
Filed
4
 
8
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2003
 
0074;
FRL
 
7298
 
2]

Pesticide
Product
Registrations;
Conditional
Approval
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
This
notice
announces
Agency
approval
of
applications
submitted
by
Plant
Products
Co.
Ltd.,
Brampton,
ON
L6T
1G1,
Canada,
to
conditionally
register
the
pesticide
products
Pseudozyma
flocculosa
strain
PF
 
A22
UL
(
TGAI)
technical
grade
of
the
active
ingredient
and
SPORODEX
L
an
end­
use
product
(
EP)
containing
a
new
active
ingredient
not
included
in
any
previously
registered
products
pursuant
to
the
provisions
of
section
3(
c)(
7)(
C)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA),
as
amended.

FOR
FURTHER
INFORMATION
CONTACT:
Sharlene
R.
Matten,
Biopesticides
and
VerDate
Jan<
31>
2003
15:
16
Apr
08,
2003
Jkt
200001
PO
00000
Frm
00038
Fmt
4703
Sfmt
4703
E:\
FR\
FM\
09APN1.
SGM
09APN1
