[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Notices]
[Pages 77105-77106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27242]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0374; FRL-10476-01-OMS]


Notice of Rescheduled Public Hearing Regarding Notice of Intent 
To Suspend Dimethyl Tetrachloroterephthalate (DCPA) Technical 
Registration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of objections and rescheduled public hearing.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) received objections 
and hearing requests in response to its issuance of a Notice of Intent 
to Suspend registration of a pesticide containing dimethyl 
tetrachloroterephthalate (DCPA). EPA will hold a rescheduled public 
hearing to receive evidence related to the proposed suspension of DCPA.

DATES: A public hearing will be held beginning at 9 a.m. ET January 24, 
2023, and continue as necessary through January 27, 2023.

ADDRESSES: The public hearing will take place in the EPA Administrative 
Courtroom, EPA East Building, Room 1152, 1201 Constitution Ave. NW, 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Mary Angeles, Headquarters Hearing 
Clerk, Office of Administrative Law Judges, 1200 Pennsylvania Ave. NW, 
Mail Code 1900R, Washington, DC 20460; telephone number: (202) 564-
6281; email address: [email protected].

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, farm worker 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.

[[Page 77106]]

B. How can I get copies of this document and other related information?

    The regulatory docket for this action, identified by docket 
identification number EPA-HQ-OPP-2011-0374, is available electronically 
at https://www.regulations.gov or in hard copy at the Office of 
Pesticide Programs Regulatory Public Docket (OPP Docket) in the EPA 
Docket Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave. NW, 
Washington, DC. The EPA Docket Center Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744.
    The adjudication docket for the proceeding in which petitioners 
have requested a public hearing, captioned In re FIFRA Section 
3(c)(2)(B) Notice of Intent to Suspend Dimethyl 
Tetrachloroterephthalate (DCPA) Technical Registration and identified 
by docket number FIFRA-HQ-2022-0002, is available electronically on the 
website of EPA's Office of Administrative Law Judges at https://yosemite.epa.gov/oarm/alj/alj_web_docket.nsf/Active+Dockets?OpenView.

II. Public Hearing To Be Held on Objections to EPA's Notice of Intent 
To Suspend DCPA

    EPA previously published (87 FR 25262, April 28, 2022) a Notice of 
Intent to Suspend (NOITS) the registration of DCPA pursuant to its 
authority under Section 3(c)(2)(B)(iv) of the Federal Insecticide, 
Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136a(c)(2)(B)(iv). 
Section 3(c)(2)(B)(iv) of FIFRA provides that any person adversely 
affected by the NOITS may request a hearing on the proposed suspension 
within thirty days of the registrant receiving the notice. On May 24, 
2022, the Western Plant Health Association filed an objection to the 
NOITS. On May 27, 2022, AMVAC Chemical Corporation, the DCPA 
registrant, filed an objection to the NOITS and requested a hearing. 
Also on May 27, 2022, the Grower-Shipper Association of Central 
California, Sunheaven Farms, LLC, J&D Produce, Ratto Bros., Inc., and 
Huntington Farms jointly filed an objection to the NOITS and requested 
a hearing.
    The hearing requests commenced a proceeding under section 6(d) of 
FIFRA, 7 U.S.C. 136d(d), and EPA's procedural rules, 40 CFR 164, before 
EPA's Office of Administrative Law Judges. Under those rules, a hearing 
was previously scheduled to begin on July 6, 2022 (87 FR 37507, June 
23, 2022). However, that hearing was canceled after the EPA requested 
and was granted an accelerated decision. Petitioners appealed that 
decision to the Environmental Appeals Board, which on September 28, 
2022, issued an order remanding the case to the Office of 
Administrative Law Judges. The Environmental Appeals Board directed 
that a hearing be held to determine whether AMVAC failed to take 
appropriate steps to secure data required by EPA to maintain DCPA's 
registration and, if so, whether the existing stocks provision of the 
DCPA NOITS is consistent with FIFRA.
    As set forth in DATES and ADDRESSES, this rescheduled hearing will 
begin at 9 a.m. ET January 24, 2023, and continue as necessary through 
January 27, 2023, in the EPA Administrative Courtroom, EPA East 
Building, Room 1152, 1201 Constitution Ave. NW, Washington, DC 20460. 
Anyone wishing to attend the hearing must notify Mary Angeles, 
Headquarters Hearing Clerk, Office of Administrative Law Judges, by 
email no later than January 13, 2023, at the email address listed under 
FOR FURTHER INFORMATION CONTACT. A notice of intent to attend the 
hearing shall include the individual's name, email address, telephone 
number, and any organization they represent. On the day of the hearing, 
attendees must present government-issued identification to enter EPA 
facilities, and they may be required to wear a mask and physically 
distance from others in the hearing room. Attendees may face further 
restrictions on entry based on the community level of COVID-19 at the 
time of the hearing.
    Authority: 7 U.S.C. 136 et seq.; 40 CFR 164.

    Dated: December 9, 2022.
Susan Biro,
Chief Administrative Law Judge, Office of Administrative Law Judges.
[FR Doc. 2022-27242 Filed 12-15-22; 8:45 am]
BILLING CODE 6560-50-P


