September 16, 2007

Dr. Debbie Edwards

Director, Office of Pesticide Programs

U.S. Environmental Protection Agency				

Office of Pesticide Programs

Division Mail Code 7501P

One Potomac Yard							

2777 South Crystal Drive

Arlington, VA  22202

Re:  Container Regulations - Extension Request for August 16, 2009
Compliance 

       Date for Label Language

Dear Dr. Edwards:

The American Chemistry Council Biocides Panel (Panel) is submitting this
request to extend the compliance date for EPA’s containers and
containment regulation.  The Panel consists of more than 55 member
companies that are the major manufacturers and formulators of
antimicrobial pesticides in the U.S.  A list of the Panel’s member
companies is attached.  Many of the Panel’s member companies sell and
distribute FIFRA regulated products that can be classified as seasonal
consumer products.  These products will have to be packaged, labeled
with EPA acceptable labels, and ready for shipment by November, 2008 in
order to meet the existing August 16, 2009 compliance date for label
language following the Pesticide Container regulations published in the
August 16, 2006 Federal Register.  These products are not industrial or
agricultural products whose containers are often labeled with computer
generated labels at time of packaging, just prior to shipment.  Seasonal
consumer product registrants must prepare label graphics and prepare
printing plates based on the EPA Accepted label many months in advance
of final product distribution.

Although the Final Rule was published on August 16, 2006, EPA has yet to
provide the regulated community with procedures on how to accomplish the
label changes, either via a PR Notice or other mechanism.  Label
revisions now required include additional statements on
recycling/reconditioning and additional residue removal instructions
depending upon whether the product is in a refillable or non-fillable
container.  In other words there are substantial changes required to
the storage and disposal sections for most, if not all products. 
Registrants are waiting for EPA’s publication of acceptable recycling
or reconditioning language.  Additionally, the EPA has yet to address
questions or requests for clarification from the Panel, registrants, and
other trade organizations.  Since time is running short for Panel
members who are registrants of seasonal consumer pesticide products, and
since these Panel members and other registrants have a large number of
consumer pesticide products to address, the August 16, 2009 timing for
labeling compliance will be difficult to meet for all items.

The only immediate solution is for registrants, without any guidance
from EPA, is to begin submitting applications for amendment now. 
Affected Panel members, and certainly other registrants, will be
overwhelmed with the burden of additional work to accomplish a large
number of amendment applications, prepare final labels and printing
plates, in a short time.  Furthermore, the EPA OPP Divisions, especially
the Registration  Division and Antimicrobials Division may be
overwhelmed with the high volume of additional work, thereby putting at
risk the timing and/or quality of the review of applications for
amendment and registrations.  All this extra activity will put
additional work-load burdens on the Divisions and may have an impact on
the time to review and accept other applications for registration or
amendment.

Due to these concerns, the Panel requests an extension to the compliance
date for having EPA Accepted labels bearing the label statements
required by the container regulation.  The Panel requests that the
compliance date for Container Labeling be extended to three (3) years
after EPA provides the regulated community with guidance on making label
changes.

Please feel free to contact me at   HYPERLINK
"mailto:has_shah@americanchemistry.com"  has_shah@americanchemistry.com 
or via telephone at 703-741-5637, if you need any additional
information. 

Sincerely,	

		Hasmukh Shah

							Manager, Biocides Panel

Cc:	Mr. Frank Sanders, Director, Antimicrobials Division			

Ms. Lois Rossi, Director, Registration Division	

Ms. Nancy Fitz, Field and External Affairs Division 

Attachment

American Chemistry Council

Biocides Panel Member Companies

Acti-Chem Specialties

AEGIS Environments

Akzo Nobel Chemicals, Inc.

Albemarle Corporation

Alco Chemical

Ameribrom, Inc.

American Chemet Corporation

Arch Chemicals, Inc.

Ashland Chemical

Bardyke Chemicals Ltd

BASF Corporation

Buckeye International, Inc.

Buckman Laboratories

Chemtura

Ciba Specialty Chemicals

Clariant Corporation

The Clorox Company

Dial Corporation

Dow

DuPont

Ecolab Inc.

Elementis Chromium LP

Enviro Tech Chemical Services, Inc.

FMC Corporation

Hercules Incorporated

International Specialty Products

ISK Biocides, Inc.

Janssen Pharmaceutica

JohnsonDiversey Inc.

Kemira Chemicals, Inc.

LANXESS Corporation

Lonza Inc.

The Lubrizol Corporation

Mason Chemical Company

Merichem Chemicals and Refinery Services LLC

Microban Products Company

Milliken Chemical

Nalco Company

Nordox AS

Osmose, Inc.

Peninsula Copper Industries

Phibro-Tech, Inc.

The Procter and Gamble Company

Reckitt Benckiser Inc.

Rhodia Inc.

Rohm and Haas Company

SC Johnson & Son, Inc.

SCM Metal Products, Inc.

Sostram Corporation

Stepan Company

Syngenta

3M

Triosyn Corporation

Troy Chemical Corporation

Verichem

Viance, LLC

Biocides Panel – September 16, 2007

Extension Request for August 16, 2009 Compliance Date for Label Language

Page   PAGE  3  of   NUMPAGES  3 

