[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54563-54572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19370]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2019-0565; FRL-10003-30]


Notice of Intent To Suspend Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice, pursuant the Federal Insecticide, Fungicide and

[[Page 54564]]

Rodenticide Act (FIFRA), publishes a Notice of Intent to Suspend 
certain pesticide registrations issued by EPA. The Notice of Intent to 
Suspend was issued following the Agency's issuance of a Data Call-In 
Notice (DCI), which required the registrant of the affected pesticide 
products containing a certain pesticide active ingredient to take 
appropriate steps to secure certain data, and following the 
registrant's failure to submit these data or to take other appropriate 
steps to secure the required data. The subject data were determined to 
be required to maintain in effect the existing registrations of the 
affected products. Failure to comply with the data requirements of a 
DCI is a basis for suspension of the affected registrations under 
FIFRA.

DATES: The Notice of Intent to Suspend included in this Federal 
Register notice will become a final and effective suspension order 
automatically by operation of law 30 days after the date of the 
registrant's receipt of the mailed Notice of Intent to Suspend or, if 
the mailed Notice of Intent to Suspend is returned to the EPA 
Administrator as undeliverable, if delivery is refused, or if the EPA 
Administrator otherwise is unable to accomplish delivery to the 
registrant after making reasonable efforts to do so, the Notice of 
Intent to Suspend becomes effective 30 days after the date of 
publication of this notice in the Federal Register, unless, during that 
time, a timely and adequate request for a hearing is made by a person 
adversely affected by the Notice of Intent to Suspend, or the 
registrant has satisfied the EPA Administrator that the registrant has 
complied fully with the requirements that served as a basis for the 
Notice of Intent to Suspend. Unit IV. explains what must be done to 
avoid suspension under this notice (i.e., how to request a hearing or 
how to comply fully with the requirements that served as a basis for 
the Notice of Intent to Suspend).

FOR FURTHER INFORMATION CONTACT: Erin Dandridge, Antimicrobial Division 
(7510P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001, telephone number: 
(703) 347-0185, email: dandridge.erin@epa.gov.

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.

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

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2019-0565, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), William Jefferson Clinton West Building., Room. 
3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The 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, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

II. Registrant Issued Notice of Intent To Suspend Active Ingredient, 
Product(s) Affected, and Date(s) Issued

    The registrant and products subject to this Notice of Intent to 
Suspend are listed in Table 1. A Notice of Intent to Suspend was sent 
to the registrant of the affected products via the U.S. Postal Service, 
first class mail, return receipt requested.

                         Table 1--List of Registrant and Products Subject to Suspension
----------------------------------------------------------------------------------------------------------------
                                                   EPA registration                      Date EPA issued notice
   Registrant affected       Active ingredient            No.           Product name      of intent to suspend
----------------------------------------------------------------------------------------------------------------
Qualco, Inc..............  Dialkyl*methyl benzyl             3525-22  Utikem Algaesan   July 27, 2020.
                            ammonium chloride                          Multi-Purpose
                            *(60%C14, 30% C16,                         Algaecide.
                            5% C18, 5% C12).
Qualco, Inc..............  Dialkyl*methyl benzyl             3525-78  Algae Destroyer.  July 27, 2020.
                            ammonium chloride
                            *(60%C14, 30% C16,
                            5% C18, 5% C12).
Qualco, Inc..............  Alkyl*dimethyl benzyl             3525-94  Coastal Pool Aid  July 27, 2020.
                            ammonium chloride*                         Powder Surface
                            (60%C14, 30%C16,                           Sanitizer.
                            5%C18, 5%C12).
Qualco, Inc..............  Alkyl* dimethyl                   3525-97  Winter Aid......  July 27, 2020.
                            benzyl ammonium
                            chloride *(60%C14,
                            25%C12, 15%C16).
Qualco, Inc..............  Alkyl* dimethyl                   3525-99  Coastal Pool      July 27, 2020.
                            benzyl ammonium                            Deodor.
                            chloride *(60%C14,
                            25%C12, 15%C16).
Qualco, Inc..............  Alkyl* dimethyl                  3525-100  Winter Tablets    July 27, 2020.
                            benzyl ammonium                            ``G''.
                            chloride *(60%C14,
                            25%C12, 15%C16).
Qualco, Inc..............  Alkyl* dimethyl                  3525-103  Cal Jet           July 27, 2020.
                            benzyl ammonium                            Algaecide
                            chloride *(60%C14,                         Liquid.
                            25%C12, 15%C16).
Qualco, Inc..............  Alkyl* dimethyl                  3525-104  Iso Clor ``C''    July 27, 2020.
                            benzyl ammonium                            Super
                            chloride *(95%C14,                         Stabilized
                            3%C12, 2%C16).                             Chlorinating
                                                                       Powder.
Qualco, Inc..............  Dialkyl*methyl benzyl            3525-106  Liquid Algaecide  July 27, 2020.
                            ammonium chloride
                            *(60%C14, 30% C16,
                            5% C18, 5% C12).

[[Page 54565]]

 
Qualco, Inc..............  Dialkyl*methyl benzyl            3525-118  Coastal           July 27, 2020.
                            ammonium chloride                          Concentrate 50.
                            *(60%C14, 30% C16,
                            5% C18, 5% C12).
----------------------------------------------------------------------------------------------------------------

III. Basis for Issuance of Notice of Intent To Suspend; Requirement 
List

    The registrant failed to submit the data or information required by 
the Data Call-In Notice, or to take other appropriate steps to secure 
the required data for their pesticide products listed in Table 2 of 
this unit.
    While the Agency did not receive a certified mail return receipt 
from Ms. Schaub, the agent for Qualco, Inc., or from Qualco, Inc. for 
the Product Specific Data Call-In (PDCI) Notice requiring data 
generation and submission for EPA Reg. Nos. 3525-22, 3525-78, 3525-94, 
3524-97, 3525-99, 3525-100, 3525-103, 3525-104, 3525-106, and 3525-118, 
the agency has correspondence from the company's representative after 
the PDCI Notices were issued evidencing that Ms. Schaub and thus 
Qualco, Inc. received the PDCIs and were aware of the data 
requirements.

                       Table 2-A--List of Requirements for EPA Registration Number 3525-94
----------------------------------------------------------------------------------------------------------------
                                                                                                    Reason for
   Guideline No. as                             Date EPA       Date registrant    Final data due     notice of
 listed in applicable     Requirement name     issued DCI        received DCI          date          intent to
          DCI                                                                                        suspend *
----------------------------------------------------------------------------------------------------------------
830.1550..............  Product Identity          3/11/2015  Confirmation             11/09/2015           2 & 4
                         and Composition.                     through
                                                              Correspondence.
830.1600..............  Description of            3/11/2015  Confirmation             11/09/2015           2 & 4
                         Materials Used to                    through
                         Produce the                          Correspondence.
                         Product.
830.1620..............  Description of            3/11/2015  Confirmation             11/09/2015           2 & 4
                         Production Process.                  through
                                                              Correspondence.
830.1650..............  Description of            3/11/2015  Confirmation             11/09/2015           2 & 4
                         Formulation                          through
                         Process.                             Correspondence.
830.1670..............  Discussion of             3/11/2015  Confirmation             11/09/2015           2 & 4
                         Formation of                         through
                         Impurities.                          Correspondence.
830.1700..............  Preliminary               3/11/2015  Confirmation             11/09/2015           2 & 4
                         Analysis.                            through
                                                              Correspondence.
830.1750..............  Certified Limits...       3/11/2015  Confirmation             11/09/2015           2 & 4
                                                              through
                                                              Correspondence.
830.1800..............  Enforcement               3/11/2015  Confirmation             11/09/2015           2 & 4
                         Analytical Method.                   through
                                                              Correspondence.
830.6302..............  Color..............       3/11/2015  Confirmation             11/09/2015           2 & 4
                                                              through
                                                              Correspondence.
830.6303..............  Physical State.....       3/11/2015  Confirmation             11/09/2015           2 & 4
                                                              through
                                                              Correspondence.
830.6304..............  Odor...............       3/11/2015  Confirmation             11/09/2015           2 & 4
                                                              through
                                                              Correspondence.
830.6313..............  Stability to Normal       3/11/2015  Confirmation             11/09/2015           2 & 4
                         and Elevated                         through
                         Temperatures,Metal                   Correspondence.
                         s, and Metal.
830.6314..............  Oxidizing or              3/11/2015  Confirmation             11/09/2015           2 & 4
                         Reducing Action.                     through
                                                              Correspondence.
830.6315..............  Flammability.......       3/11/2015  Confirmation             11/09/2015           2 & 4
                                                              through
                                                              Correspondence.
830.6316..............  Explodability......       3/11/2015  Confirmation             11/09/2015           2 & 4
                                                              through
                                                              Correspondence.
830.6317..............  Storage Stability..       3/11/2015  Confirmation             07/09/2016           2 & 4
                                                              through
                                                              Correspondence.
830.6319..............  Miscibility........       3/11/2015  Confirmation             11/09/2015           2 & 4
                                                              through
                                                              Correspondence.
830.6320..............  Corrosion                 3/11/2015  Confirmation             07/09/2016           2 & 4
                         Characteristics.                     through
                                                              Correspondence.
830.6321..............  Dielectric                3/11/2015  Confirmation             11/09/2015           2 & 4
                         Breakdown Voltage.                   through
                                                              Correspondence.
830.7000..............  pH.................       3/11/2015  Confirmation             11/09/2015           2 & 4
                                                              through
                                                              Correspondence.
830.7050..............  UV/Visible                3/11/2015  Confirmation             11/09/2015           2 & 4
                         Absorption.                          through
                                                              Correspondence.
830.7100..............  Viscosity..........       3/11/2015  Confirmation             11/09/2015           2 & 4
                                                              through
                                                              Correspondence.
830.7200..............  Melting Point/            3/11/2015  Confirmation             11/09/2015           2 & 4
                         Melting Range.                       through
                                                              Correspondence.
830.7220..............  Boiling Point/            3/11/2015  Confirmation             11/09/2015           2 & 4
                         Boiling Range.                       through
                                                              Correspondence.

[[Page 54566]]

 
830.7300..............  Density/Relative          3/11/2015  Confirmation             11/09/2015           2 & 4
                         Density.                             through
                                                              Correspondence.
830.7370..............  Dissociation              3/11/2015  Confirmation             11/09/2015           2 & 4
                         Constants in Water.                  through
                                                              Correspondence.
830.7550..............  Partition                 3/11/2015  Confirmation             11/09/2015           2 & 4
                         Coefficient (n-                      through
                         octanol/water),                      Correspondence.
                         Shake Flask Method.
830.7560..............  Partition                 3/11/2015  Confirmation             11/09/2015           2 & 4
                         Coefficient (n-                      through
                         octanol/water,                       Correspondence.
                         Generator Column
                         Method.
830.7570..............  Partition                 3/11/2015  Confirmation             11/09/2015           2 & 4
                         Coefficient (n-                      through
                         octanol/water,                       Correspondence.
                         Estimation by
                         Liquid
                         Chromatography.
830.7840..............  Water Solubility:         3/11/2015  Confirmation             11/09/2015           2 & 4
                         Column Elution                       through
                         Method, Shake                        Correspondence.
                         Flask Method.
830.7860..............  Water Solubility,         3/11/2015  Confirmation             11/09/2015           2 & 4
                         Generator Column                     through
                         Method.                              Correspondence.
830. 7950.............  Vapor Pressure.....       3/11/2015  Confirmation             11/09/2015           2 & 4
                                                              through
                                                              Correspondence.
870.1100..............  Acute Oral Toxicity       3/11/2015  Confirmation             11/09/2015           2 & 4
                                                              through
                                                              Correspondence.
870.1200..............  Acute Dermal              3/11/2015  Confirmation             11/09/2015           2 & 4
                         Toxicity.                            through
                                                              Correspondence.
870.1300..............  Acute Inhalation          3/11/2015  Confirmation             11/09/2015           2 & 4
                         Toxicity.                            through
                                                              Correspondence.
870.2500..............  Acute Dermal              3/11/2015  Confirmation             11/09/2015           2 & 4
                         Irritation.                          through
                                                              Correspondence.
870.2600..............  Skin Sensitization.       3/11/2015  Confirmation             11/09/2015           2 & 4
                                                              through
                                                              Correspondence.
870.2400..............  Acute Eye                 3/11/2015  Confirmation             11/09/2015           2 & 4
                         Irritation.                          through
                                                              Correspondence.
810.2100..............  Sterilants.........       3/11/2015  Confirmation             11/09/2015           2 & 4
                                                              through
                                                              Correspondence.
810.2200..............  Disinfectants for         3/11/2015  Confirmation             11/09/2015           2 & 4
                         Use on Hard                          through
                         Surfaces.                            Correspondence.
810.2300..............  Sanitizers for Use        3/11/2015  Confirmation             11/09/2015           2 & 4
                         on Hard Surfaces.                    through
                                                              Correspondence.
810.2400..............  Disinfectants and         3/11/2015  Confirmation             11/09/2015           2 & 4
                         Sanitizers for Use                   through
                         on Fabrics and                       Correspondence.
                         Textiles.
810.2500..............  Air Sanitizers.....       3/11/2015  Confirmation             11/09/2015           2 & 4
                                                              through
                                                              Correspondence.
810.2600..............  Disinfectants for         3/11/2015  Confirmation             11/09/2015           2 & 4
                         Use in Water.                        through
                                                              Correspondence.
----------------------------------------------------------------------------------------------------------------
* Table Notes:
\1\ No 90-day response received.
\2\ Inadequate 90-day response received.
\3\ No data received.
\4\ Inadequate data received.


Table 2-B--List of Requirements for EPA Registration Numbers: 3525-22; 3525-78; 3525-97; 3525-99; 3525-100; 3525-
                                           103; 3525-106; and 3525-118
----------------------------------------------------------------------------------------------------------------
                                                                                                    Reason for
   Guideline No. as                             Date EPA       Date registrant    Final data due     notice of
 listed in applicable    Requirement  name     issued DCI        received DCI          date          intent to
          DCI                                                                                        suspend *
----------------------------------------------------------------------------------------------------------------
830.1550..............  Product Identity          3/06/2015  Confirmation             11/04/2015           2 & 4
                         and Composition.                     through
                                                              Correspondence.
830.1600..............  Description of            3/06/2015  Confirmation             11/04/2015           2 & 4
                         Materials Used to                    through
                         Produce the                          Correspondence.
                         Product.
830.1620..............  Description of            3/06/2015  Confirmation             11/04/2015           2 & 4
                         Production Process.                  through
                                                              Correspondence.
830.1650..............  Description of            3/06/2015  Confirmation             11/04/2015           2 & 4
                         Formulation                          through
                         Process.                             Correspondence.
830.1670..............  Discussion of             3/06/2015  Confirmation             11/04/2015           2 & 4
                         Formation of                         through
                         Impurities.                          Correspondence.
830.1700..............  Preliminary               3/06/2015  Confirmation             11/04/2015           2 & 4
                         Analysis.                            through
                                                              Correspondence.
830.1750..............  Certified Limits...       3/06/2015  Confirmation             11/04/2015           2 & 4
                                                              through
                                                              Correspondence.

[[Page 54567]]

 
830.1800..............  Enforcement               3/06/2015  Confirmation             11/04/2015           2 & 4
                         Analytical Method.                   through
                                                              Correspondence.
830.6302..............  Color..............       3/06/2015  Confirmation             11/04/2015           2 & 4
                                                              through
                                                              Correspondence.
830.6303..............  Physical State.....       3/06/2015  Confirmation             11/04/2015           2 & 4
                                                              through
                                                              Correspondence.
830.6304..............  Odor...............       3/06/2015  Confirmation             11/04/2015           2 & 4
                                                              through
                                                              Correspondence.
830.6313..............  Stability to Normal       3/06/2015  Confirmation             11/04/2015           2 & 4
                         and Elevated                         through
                         Temperatures,                        Correspondence.
                         Metals, and Metal.
830.6314..............  Oxidizing or              3/06/2015  Confirmation             11/04/2015           2 & 4
                         Reducing Action.                     through
                                                              Correspondence.
830.6315..............  Flammability.......       3/06/2015  Confirmation             11/04/2015           2 & 4
                                                              through
                                                              Correspondence.
830.6316..............  Explodability......       3/06/2015  Confirmation             11/04/2015           2 & 4
                                                              through
                                                              Correspondence.
830.6317..............  Storage Stability..       3/06/2015  Confirmation             07/04/2016           2 & 4
                                                              through
                                                              Correspondence.
830.6319..............  Miscibility........       3/06/2015  Confirmation             11/04/2015           2 & 4
                                                              through
                                                              Correspondence.
830.6320..............  Corrosion                 3/06/2015  Confirmation             07/04/2016           2 & 4
                         Characteristics.                     through
                                                              Correspondence.
830.6321..............  Dielectric                3/06/2015  Confirmation             11/04/2015           2 & 4
                         Breakdown Voltage.                   through
                                                              Correspondence.
830.7000..............  pH.................       3/06/2015  Confirmation             11/04/2015           2 & 4
                                                              through
                                                              Correspondence.
830.7050..............  UV/Visible                3/06/2015  Confirmation             11/04/2015           2 & 4
                         Absorption.                          through
                                                              Correspondence.
830.7100..............  Viscosity..........       3/06/2015  Confirmation             11/04/2015           2 & 4
                                                              through
                                                              Correspondence.
830.7200..............  Melting Point/            3/06/2015  Confirmation             11/04/2015           2 & 4
                         Melting Range.                       through
                                                              Correspondence.
830.7220..............  Boiling Point/            3/06/2015  Confirmation             11/04/2015           2 & 4
                         Boiling Range.                       through
                                                              Correspondence.
830.7300..............  Density/Relative          3/06/2015  Confirmation             11/04/2015           2 & 4
                         Density.                             through
                                                              Correspondence.
830.7370..............  Dissociation              3/06/2015  Confirmation             11/04/2015           2 & 4
                         Constants in Water.                  through
                                                              Correspondence.
830.7550..............  Partition                 3/06/2015  Confirmation             11/04/2015           2 & 4
                         Coefficient (n-                      through
                         octanol/water),                      Correspondence.
                         Shake Flask Method.
830.7560..............  Partition                 3/06/2015  Confirmation             11/04/2015           2 & 4
                         Coefficient (n-                      through
                         octanol/water,                       Correspondence.
                         Generator Column
                         Method.
830.7570..............  Partition                 3/06/2015  Confirmation             11/04/2015           2 & 4
                         Coefficient (n-                      through
                         octanol/water,                       Correspondence.
                         Estimation by
                         Liquid
                         Chromatography.
830.7840..............  Water Solubility:         3/06/2015  Confirmation             11/04/2015           2 & 4
                         Column Elution                       through
                         Method, Shake                        Correspondence.
                         Flask Method.
830.7860..............  Water Solubility,         3/06/2015  Confirmation             11/04/2015           2 & 4
                         Generator Column                     through
                         Method.                              Correspondence.
830.7950..............  Vapor Pressure.....       3/06/2015  Confirmation             11/04/2015           2 & 4
                                                              through
                                                              Correspondence.
870.1100..............  Acute Oral Toxicity       3/06/2015  Confirmation             11/04/2015           2 & 4
                                                              through
                                                              Correspondence.
870.1200..............  Acute Dermal              3/06/2015  Confirmation             11/04/2015           2 & 4
                         Toxicity.                            through
                                                              Correspondence.
870.1300..............  Acute Inhalation          3/06/2015  Confirmation             11/04/2015           2 & 4
                         Toxicity.                            through
                                                              Correspondence.
870.2500..............  Acute Dermal              3/06/2015  Confirmation             11/04/2015           2 & 4
                         Irritation.                          through
                                                              Correspondence.
870.2600..............  Skin Sensitization.       3/06/2015  Confirmation             11/04/2015           2 & 4
                                                              through
                                                              Correspondence.
870.2400..............  Acute Eye                 3/06/2015  Confirmation             11/04/2015           2 & 4
                         Irritation.                          through
                                                              Correspondence.
810.2100..............  Sterilants.........       3/06/2015  Confirmation             11/04/2015           2 & 4
                                                              through
                                                              Correspondence.
810.2200..............  Disinfectants for         3/06/2015  Confirmation             11/04/2015           2 & 4
                         Use on Hard                          through
                         Surfaces.                            Correspondence.

[[Page 54568]]

 
810.2300..............  Sanitizers for Use        3/06/2015  Confirmation             11/04/2015           2 & 4
                         on Hard Surfaces.                    through
                                                              Correspondence.
810.2400..............  Disinfectants and         3/06/2015  Confirmation             11/04/2015           2 & 4
                         Sanitizers for Use                   through
                         on Fabrics and                       Correspondence.
                         Textiles.
810.2500..............  Air Sanitizers.....       3/06/2015  Confirmation             11/04/2015           2 & 4
                                                              through
                                                              Correspondence.
810.2600..............  Disinfectants for         3/06/2015  Confirmation             11/04/2015           2 & 4
                         Use in Water.                        through
                                                              Correspondence.
----------------------------------------------------------------------------------------------------------------
* Table Notes:
\1\ No 90-day response received.
\2\ Inadequate 90-day response received.
\3\ No data received.
\4\ Inadequate data received.


                      Table 2-C--List of Requirements for EPA Registration Number 3525-104
----------------------------------------------------------------------------------------------------------------
                                                                                                    Reason for
   Guideline No. as                             Date EPA       Date registrant    Final data due     notice of
 listed in applicable     Requirement name     issued DCI        received DCI          date          intent to
          DCI                                                                                        suspend *
----------------------------------------------------------------------------------------------------------------
830.1550..............  Product Identity          3/04/2015  Confirmation             11/02/2015           1 & 3
                         and Composition.                     through
                                                              Correspondence.
830.1600..............  Description of            3/04/2015  Confirmation             11/02/2015           1 & 3
                         Materials Used to                    through
                         Produce the                          Correspondence.
                         Product.
830.1620..............  Description of            3/04/2015  Confirmation             11/02/2015           1 & 3
                         Production Process.                  through
                                                              Correspondence.
830.1650..............  Description of            3/04/2015  Confirmation             11/02/2015           1 & 3
                         Formulation                          through
                         Process.                             Correspondence.
830.1670..............  Discussion of             3/04/2015  Confirmation             11/02/2015           1 & 3
                         Formation of                         through
                         Impurities.                          Correspondence.
830.1700..............  Preliminary               3/04/2015  Confirmation             11/02/2015           1 & 3
                         Analysis.                            through
                                                              Correspondence.
830.1750..............  Certified Limits...       3/04/2015  Confirmation             11/02/2015           1 & 3
                                                              through
                                                              Correspondence.
830.1800..............  Enforcement               3/04/2015  Confirmation             11/02/2015           1 & 3
                         Analytical Method.                   through
                                                              Correspondence.
830.6302..............  Color..............       3/04/2015  Confirmation             11/02/2015           1 & 3
                                                              through
                                                              Correspondence.
830.6303..............  Physical State.....       3/04/2015  Confirmation             11/02/2015           1 & 3
                                                              through
                                                              Correspondence.
830.6304..............  Odor...............       3/04/2015  Confirmation             11/02/2015           1 & 3
                                                              through
                                                              Correspondence.
830.6313..............  Stability to Normal       3/04/2015  Confirmation             11/02/2015           1 & 3
                         and Elevated                         through
                         Temperatures,                        Correspondence.
                         Metals, and Metal.
830.6314..............  Oxidizing or              3/04/2015  Confirmation             11/02/2015           1 & 3
                         Reducing Action.                     through
                                                              Correspondence.
830.6315..............  Flammability.......       3/04/2015  Confirmation             11/02/2015           1 & 3
                                                              through
                                                              Correspondence.
830.6316..............  Explodability......       3/04/2015  Confirmation             11/02/2015           1 & 3
                                                              through
                                                              Correspondence.
830.6317..............  Storage Stability..       3/04/2015  Confirmation             07/02/2016           1 & 3
                                                              through
                                                              Correspondence.
830.6319..............  Miscibility........       3/04/2015  Confirmation             11/02/2015           1 & 3
                                                              through
                                                              Correspondence.
830.6320..............  Corrosion                 3/04/2015  Confirmation             07/02/2016           1 & 3
                         Characteristics.                     through
                                                              Correspondence.
830.6321..............  Dielectric                3/04/2015  Confirmation             11/02/2015           1 & 3
                         Breakdown Voltage.                   through
                                                              Correspondence.
830.7000..............  pH.................       3/04/2015  Confirmation             11/02/2015           1 & 3
                                                              through
                                                              Correspondence.
830.7050..............  UV/Visible                3/04/2015  Confirmation             11/02/2015           1 & 3
                         Absorption.                          through
                                                              Correspondence.
830.7100..............  Viscosity..........       3/04/2015  Confirmation             11/02/2015           1 & 3
                                                              through
                                                              Correspondence.
830.7200..............  Melting Point/            3/04/2015  Confirmation             11/02/2015           1 & 3
                         Melting Range.                       through
                                                              Correspondence.

[[Page 54569]]

 
830.7220..............  Boiling Point/            3/04/2015  Confirmation             11/02/2015           1 & 3
                         Boiling Range.                       through
                                                              Correspondence.
830.7300..............  Density/Relative          3/04/2015  Confirmation             11/02/2015           1 & 3
                         Density.                             through
                                                              Correspondence.
830.7370..............  Dissociation              3/04/2015  Confirmation             11/02/2015           1 & 3
                         Constants in Water.                  through
                                                              Correspondence.
830.7550..............  Partition                 3/04/2015  Confirmation             11/02/2015           1 & 3
                         Coefficient (n-                      through
                         octanol/water),                      Correspondence.
                         Shake Flask Method.
830.7560..............  Partition                 3/04/2015  Confirmation             11/02/2015           1 & 3
                         Coefficient (n-                      through
                         octanol/water),                      Correspondence.
                         Generator Column
                         Method.
830.7570..............  Partition                 3/04/2015  Confirmation             11/02/2015           1 & 3
                         Coefficient (n-                      through
                         octanol/water),                      Correspondence.
                         Estimation by
                         Liquid
                         Chromatography.
830.7840..............  Water Solubility:         3/04/2015  Confirmation             11/02/2015           1 & 3
                         Column Elution                       through
                         Method, Shake                        Correspondence.
                         Flask Method.
830.7860..............  Water Solubility,         3/04/2015  Confirmation             11/02/2015           1 & 3
                         Generator Column                     through
                         Method.                              Correspondence.
830.7950..............  Vapor Pressure.....       3/04/2015  Confirmation             11/02/2015           1 & 3
                                                              through
                                                              Correspondence.
870.1100..............  Acute Oral Toxicity       3/04/2015  Confirmation             11/02/2015           1 & 3
                                                              through
                                                              Correspondence.
870.1200..............  Acute Dermal              3/04/2015  Confirmation             11/02/2015           1 & 3
                         Toxicity.                            through
                                                              Correspondence.
870.1300..............  Acute Inhalation          3/04/2015  Confirmation             11/02/2015           1 & 3
                         Toxicity.                            through
                                                              Correspondence.
870.2500..............  Acute Dermal              3/04/2015  Confirmation             11/02/2015           1 & 3
                         Irritation.                          through
                                                              Correspondence.
870.2600..............  Skin Sensitization.       3/04/2015  Confirmation             11/02/2015           1 & 3
                                                              through
                                                              Correspondence.
870.2400..............  Acute Eye                 3/04/2015  Confirmation             11/02/2015           1 & 3
                         Irritation.                          through
                                                              Correspondence.
810.2100..............  Sterilants.........       3/04/2015  Confirmation             11/02/2015           1 & 3
                                                              through
                                                              Correspondence.
810.2200..............  Disinfectants for         3/04/2015  Confirmation             11/02/2015           1 & 3
                         Use on Hard                          through
                         Surfaces.                            Correspondence.
810.2300..............  Sanitizers for Use        3/04/2015  Confirmation             11/02/2015           1 & 3
                         on Hard Surfaces.                    through
                                                              Correspondence.
810.2400..............  Disinfectants and         3/04/2015  Confirmation             11/02/2015           1 & 3
                         Sanitizers for Use                   through
                         on Fabrics and                       Correspondence.
                         Textiles.
810.2500..............  Air Sanitizers.....       3/04/2015  Confirmation             11/02/2015           1 & 3
                                                              through
                                                              Correspondence.
810.2600..............  Disinfectants for         3/04/2015  Confirmation             11/02/2015           1 & 3
                         Use in Water.                        through
                                                              Correspondence.
----------------------------------------------------------------------------------------------------------------
* Table Notes:
\1\ No 90-day response received.
\2\ Inadequate 90-day response received.
\3\ No data received.
\4\ Inadequate data received.

IV. Attachment III Suspension Report--Explanatory Appendix

    1. The letter sent to the registrant contains an Attachment III--
Explanatory Appendix. This Explanatory Appendix also follows below and 
provides provides a discussion of the basis for the Notice of Intent to 
Suspend issued herewith.

A. Aklyl Dimethyl Benzyl Ammonium Chloride (ADBAC)

    On March 4, 2015, March 6, 2015, and March 11, 2015, the Agency 
issued the Reregistration Eligibility Decision Document (RED) PDCI 
Notices numbered: 069184-30960, 069137-30946, 069119-30941, and 069104-
30932 pursuant to FIFRA section 4(g)(2)(B), which required the 
registrants of products containing ADBAC used as an active ingredient 
to develop and submit certain data. The data/information were 
determined to be necessary to satisfy the reregistration requirements 
of FIFRA section 4(g). Failure to comply with the requirements of the 
RED PDCI is a basis for suspension under FIFRA section 3(c)(2)(B).
    The Agency sent PDCIs: 069184-30960, 069137-30946, 069119-30941, 
and 069104-30932 on March 4, 6, and 11, 2015 to Qualco, Inc. via the 
email address provided to the Agency for Ms. Debbie Schaub, who was the 
designated company representative. A Microsoft Outlook server response 
email for PDCI-069104-30932 was received on March 11, 2015 by the 
Agency to indicate delivery to Ms. Schaub was complete. Subsequently, 
the PDCIs were re-sent on March 27, 2015 to an alternative Qualco, Inc. 
email address for Ms. Schaub because no response was received after 
email delivery to the original email address.
    Following a DCI issuance, registrants are required to submit a 90-
day response electing how they will satisfy the DCI

[[Page 54570]]

data requirements. Qualco, Inc. failed to submit a 90-day response 
electing how it would satisfy the DCI data requirements.
    After three years of no response from Qualco, Inc. on May 21, 2018, 
the Agency sent emails to Qualco, Inc. to the attention of Ms. Schaub 
and Mr. Peter Ferentinos, who is another designated Qualco, Inc. 
representative. In the emails, the Agency discussed the severity of the 
PDCI response failures by Qualco, Inc. These emails also forwarded once 
again the originally sent PDCIs and email with attachments and 
instructions. The Agency received Microsoft Outlook server response 
emails for each PDCI (069184-30960, 069137-30946, 069119-30941, and 
069104-30932) email that confirmed that delivery to both addresses had 
been completed on May 21, 2018.
    After hearing nothing from Qualco between May 21 and October 31, 
2018 the Agency emailed a Notification of Deficiency letter to Qualco, 
Inc. on October 31, 2018 to the attention of Ms. Schaub that warned the 
registrant of the pending suspension of the affected Qualco, Inc. ADBAC 
products. The email listed the overdue PDCIs and the attached letter 
noted the specific deficient data requirements for each listed PDCI, 
discussed the lack of an adequate 90-day response for each PDCI, 
described how to respond to the deficiency letter, included the list of 
then affected (EPA Reg. Nos.: 3525-22, 3525-78, 3525-90, 3525-92, 3525-
94, 3525-97, 3525-99, 3525-100, 3525-103, 3525-104, 3525-106, and 3525-
118), and stated that appropriate and adequate data to satisfy the 
overdue data requirements must be received by the Agency within 10 
business days measured from the letter receipt by Qualco, Inc. in order 
to avoid issuance of Notices of Intent to Suspend. The Agency received 
a Microsoft Outlook server email on October 31, 2018 indicating that 
the email and the attached information had been received by Qualco, 
Inc. on October 31, 2018.
    The same October 31, 2018 Notification of Deficiency letter was 
mailed via the US Postal Service on November 8, 2018 along with another 
Notification of Deficiency letter for another chemical case (Busan 77).
    The Agency subsequently sent Qualco, Inc. an email to the attention 
of Ms. Schaub on November 20, 2018 stating that a voicemail had been 
left for Ms. Schaub. The November 20, 2018 email and voicemail both 
requested a meeting to discuss the ADBAC and Busan 77 DCIs. The Agency 
proposed meeting dates and times in the November 20, 2018 email. The 
November 20, 2018 email included the October 31, 2018 email discussed 
above as part of its chain of prior correspondence.
    Ms. Schaub responded by email to the Agency's November 20, 2018 
email on November 26, 2018. The Agency's October 31, 2018 email with 
the initial Notification of Deficiency warning letter was included in 
the chain of emails that were part of her email response. Qualco, Inc., 
through Ms. Schaub, suggested scheduling a November 28, 2018 meeting in 
her November 26, 2018 email.
    An Agency email response was sent to Ms. Schaub on November 26, 
2018 confirming the scheduling of a November 28, 2018 teleconference 
meeting at 1 p.m. On November 28, 2018 the Agency and Ms. Schaub met 
via teleconference to discuss the overdue data requirements of PDCIs: 
069104-30932, 069119-30941, 069137-30946, 069184-30960, and the 
affected Qualco products (EPA Reg. Nos.: 3525-22, 3525-78, 3525-90, 
3525-92, 3525-94, 3525-97, 3525-99, 3525-100, 3525-103, 3525-104, 3525-
106, and 3525-118).
    Ms. Schaub subsequently sent the Agency an email on December 3, 
2018 to inform the Chemical Review Manager that a DCI response was 
being put together for ADBAC, that errors were received after an 
attempt to upload files to the EPA CDX, and to ask what other specific 
forms were required for the PDCI response.
    The Agency responded by email on December 3, 2018 and attached 
another copy of the PDCI-069104-30932 for Ms. Schaub's reference. This 
PDCI was attached as a representative DCI to illustrate what needed to 
be done by Qualco to adequately respond to all issued PDCIs. The Agency 
once again stated that instructions and required forms for Qualco's 
response are explained in the PDCI. The CDX helpdesk contact 
information was provided for Ms. Schaub's reference. However, the 
Agency requested that Qualco's responses be sent directly by email to 
the Chemical Review Manager to avoid CDX errors or the product 
suspension process would continue. In the Agency December 3, 2018 
email, a list of all the affected Qualco products pending suspension 
(EPA Reg. Nos.: 3525-22, 3525-78, 3525-94, 3525-97, 3525-99, 3525-100, 
3525-103, 3525-104, 3525-106, and 3525-118) was attached. The December 
3, 2018 email also noted that two products (3525-90 and 3525-92) 
originally listed in the October 31, 2018 letter had been voluntarily 
cancelled.
    Ms. Schaub responded to the Agency's December 3, 2018 email chain 
by providing attachments, including data matrices, Confidential 
Statement of Formulas (CSF), and other forms, for 5 of the 10 products 
pending suspension (EPA Reg. Nos.: 3525-22, 3525-78, 3525-94, 3525-106, 
and 3525-118). Ms. Schaub stated in the December 3, 2018 email that 
additional forms and responses for the other 5 products (EPA Reg. Nos.: 
3525-103, 3525-104, 3525-97, 3525-99, and 3525-100) would be submitted 
through a second CDX attempt.
    On December 4, 2018 the Agency stated through email that the 
submitted ADBAC PDCI responses would be reviewed. The Agency requested 
that Ms. Schaub submit the remaining responses and suggested that, if 
some products are dormant, then Qualco may opt to voluntarily cancel 
those products.
    On December 5, 2018, an email from the CDX system to the EPA 
Antimicrobials Divison Reevaluation mailbox was received. The December 
5, 2018 CDX email indicated that a DCI response for only PDCI-069137-
30946 had been submitted and included data matrices, citation forms, 
and correspondence for only EPA Registration Nos.: 3525-100, 3525-103, 
3525-97, and 3525-99. No submissions were provided for EPA registration 
number 3525-104 by email or CDX.
    The Agency sent an email on December 5, 2018 to Ms. Schaub 
informing Qualco that the emailed submissions were reviewed but 
numerous errors were found. The Agency's December 5, 2018 email 
requested that corrected responses be sent as soon as possible. The 
following list summarizes the errors.
     The ``Requirements Status & Registrant's Response'' forms 
listed response code 9; however, this code does not exist for PDCI 
responses and is not an adequate or appropriate response. This error 
pertains to the following products: EPA Reg. Nos.: 3525-22, 3525-78, 
3525-94, 3525-106, and 3525-118.
     The ``Requirements Status & Registrant's Response'' forms 
were not adequately completed. This error pertains to the following 
products: EPA Reg. Nos.: 3525-97, 3525-99, 3525-100, and 3525-103.
     The data matrices submitted for EPA Reg. Nos.: 3525-22, 
3525-78, 3525-94, 3525-97, 3525-99, 3525-100, 3525-103, and 3525-106 
are missing anything to address the 810 data requirements.
     The Formulator's Exemption form for EPA Reg. No.: 3525-118 
states that the product's source is EPA Reg. No.

[[Page 54571]]

3525-118, which is stating that the product is formulated with itself 
and this is neither an adequate nor appropriate response.
     Qualco, Inc. chose the option to cite another registrant's 
study for product specific data for the following products: EPA Reg. 
Nos.: 3525-22, 3525-78, 3525-97, 3525-99, 3525-100, 3525-103, and 3525-
106. However, Qualco did not provide the appropriate MRID Accession 
number(s) or an adequately completed ``Certification with Respect to 
Data Compensation Requirements'' form. The submitted ``Certification 
with Respect to Citation of Data'' forms cannot state ``cite all'' for 
PDCIs unless the ``Certification with Respect to Data Compensation'' 
form is submitted with the appropriate MRID Accession number(s).
    Qualco, Inc. has not responded to the Agency's December 5, 2018 
email and has not to-date satisfied the overdue PDCI requirements for 
its affected products. Therefore, this Notice of Intent to Suspend is 
being issued for EPA Registration Nos.: 3525-22, 3525-78, 3525-94, 
3525-97, 3525-99, 3525-100, 3525-103, 3525-104, 3525-106, and 3525-118.

V. How to avoid suspension under this notice?

    1. You may avoid suspension under this notice if you or another 
person adversely affected by this notice properly request a hearing 
within 30 days of your receipt of the Notice of Intent to Suspend by 
mail or, if you did not receive the notice that was sent to you via 
USPS first class mail return receipt requested, then within 30 days 
from the date of publication of this Federal Register notice (see 
DATES). If you request a hearing, it will be conducted in accordance 
with the requirements of FIFRA section 6(d) (7 U.S.C. 136d) and the 
Agency's procedural regulations in 40 CFR part 164. Section 3(c)(2)(B) 
of FIFRA (7 U.S.C. 136a), however, provides that the only allowable 
issues which may be addressed at the hearing are whether you have 
failed to take the actions which are the bases of this notice and 
whether the Agency's decision regarding the disposition of existing 
stocks is consistent with FIFRA. Therefore, no substantive allegation 
or legal argument concerning other issues, including but not limited to 
the Agency's original decision to require the submission of data or 
other information, the need for or utility of any of the required data 
or other information or deadlines imposed, any allegations of errors or 
unfairness in any proceedings before an arbitrator, and the risks and 
benefits associated with continued registration of the affected 
product, may be considered in the proceeding. The Administrative Law 
Judge shall by order dismiss any objections which have no bearing on 
the allowable issues which may be considered in the proceeding. Section 
3(c)(2)(B)(iv) of FIFRA provides that any hearing must be held and a 
determination issued within 75 days after receipt of a hearing request. 
This 75-day period may not be extended unless all parties in the 
proceeding stipulate to such an extension. If a hearing is properly 
requested, the Agency will issue a final order at the conclusion of the 
hearing governing the suspension of your products. A request for a 
hearing pursuant to this notice must:
     Include specific objections which pertain to the allowable 
issues which may be heard at the hearing.
     Identify the registrations for which a hearing is 
requested.
     Set forth all necessary supporting facts pertaining to any 
of the objections which you have identified in your request for a 
hearing.
    If a hearing is requested by any person other than the registrant, 
that person must also state specifically why he/she asserts that he/she 
would be adversely affected by the suspension action described in this 
notice. Three copies of the request must be submitted to: Hearing 
Clerk, 1900, Environmental Protection Agency, 1200 Pennsylvania Ave. 
NW, Washington, DC 20460-0001.
    An additional copy should be sent to the person who signed this 
notice. The request must be received by the Hearing Clerk by the 
applicable 30th day deadline as measured from your receipt of the 
Notice of Intent to Suspend by mail or publication of this notice, as 
set forth in DATES and in Unit IV.1., in order to be legally effective. 
The 30-day time limit is established by FIFRA and cannot be extended 
for any reason. Failure to meet the 30-day time limit will result in 
automatic suspension of your registrations by operation of law and, 
under such circumstances, the suspension of the registration for your 
affected products will be final and effective at the close of business 
on the applicable 30th day deadline as measured from your receipt of 
the Notice of Intent to Suspend by mail or publication of this notice, 
as set forth in DATES and in Unit IV.1., and will not be subject to 
further administrative review. The Agency's rules of practice at 40 CFR 
164.7 forbid anyone who may take part in deciding this case, at any 
stage of the proceeding, from discussing the merits of the proceeding 
ex parte with any party or with any person who has been connected with 
the preparation or presentation of the proceeding as an advocate or in 
any investigative or expert capacity, or with any of their 
representatives. Accordingly, the following EPA offices, and the staffs 
thereof, are designated as judicial staff to perform the judicial 
function of EPA in any administrative hearings on this Notice of Intent 
to Suspend: The Office of the Administrative Law Judges, the Office of 
the Environmental Appeals Board, the EPA Administrator, the EPA Deputy 
Administrator, and the members of the staff in the immediate offices of 
the EPA Administrator and EPA Deputy Administrator. None of the persons 
designated as the judicial staff shall have any ex parte communication 
with trial staff or any other interested person not employed by EPA on 
the merits of any of the issues involved in this proceeding, without 
fully complying with the applicable regulations.
    2. You may also avoid suspension if, within the applicable 30-day 
deadline period as measured from your receipt of the Notice of Intent 
to Suspend by mail or publication of this notice, as set forth in DATES 
and in Unit IV.1., the Agency determines that you have taken 
appropriate steps to comply with the FIFRA section 3(c)(2)(B) DCI 
notice. In order to avoid suspension under this option, you must 
satisfactorily comply with Table 2.--List of Requirements in Unit II., 
for each product by submitting all required supporting data/information 
described in Table 2 of Unit. II. and in the Explanatory Appendix (in 
the docket for this Federal Register notice) to the following address 
(preferably by certified mail):
    Office of Pesticide Programs, Antimicrobials Division (7510P), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001.
    For you to avoid automatic suspension under this notice, the Agency 
must also determine within the applicable 30-day deadline period that 
you have satisfied the requirements that are the bases of this notice 
and so notify you in writing. You should submit the necessary data/
information as quickly as possible for there to be any chance the 
Agency will be able to make the necessary determination in time to 
avoid suspension of your products. The suspension of the registrations 
of your company's products pursuant to this notice will be rescinded 
when the Agency determines you have complied fully with the 
requirements which were the bases of this notice. Such

[[Page 54572]]

compliance may only be achieved by submission of the data/information 
described in Table 2 of Unit II.

VI. Status of Products That Become Suspended

    Your product will remain suspended, however, until the Agency 
determines you are in compliance with the requirements which are the 
bases of this notice and so informs you in writing.
    After the suspension becomes final and effective, the registrants 
subject to this notice, including all supplemental registrants of 
products listed in Table 1 of Unit II., may not legally distribute, 
sell, use, offer for sale, hold for sale, ship, deliver for shipment, 
or receive and (having so received) deliver or offer to deliver, to any 
person, the products listed in Table 1 of Unit II. Persons other than 
the registrants subject to this notice, as defined in the preceding 
sentence, may continue to distribute, sell, use, offer for sale, hold 
for sale, ship, deliver for shipment, or receive and (having so 
received) deliver or offer to deliver, to any person, the products 
listed in Table 1 of Unit II. Nothing in this notice authorizes any 
person to distribute, sell, use, offer for sale, hold for sale, ship, 
deliver for shipment, or receive and (having so received) deliver or 
offer to deliver, to any person, the products listed in Table 1 of Unit 
II. in any manner which would have been unlawful prior to the 
suspension.
    If the registrations for your products, listed in Table 1 of Unit 
II., are currently suspended as a result of failure to comply with 
another FIFRA section 3(c)(2)(B) DCI notice or FIFRA Section 4 Data 
Requirements notice, this notice, when it becomes a final and effective 
order of suspension, will be in addition to any existing suspension, 
i.e., all requirements which are the bases of the suspension must be 
satisfied before the registration will be reinstated.
    It is the responsibility of the basic registrant to notify all 
supplementary registered distributors of a basic registered product 
that this suspension action also applies to their supplementary 
registered products. The basic registrant may be held liable for 
violations committed by their distributors.
    Any questions about the requirements and procedures set forth in 
this notice or in the subject FIFRA section 3(c)(2)(B) DCI notice, 
should be addressed to the person listed under FOR FURTHER INFORMATION 
CONTACT.

(Authority: 7 U.S.C. 136 et seq.)

    Dated: August 19, 2020.
Anita Pease,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 2020-19370 Filed 9-1-20; 8:45 am]
BILLING CODE 6560-50-P


