### Docket Number: EP A -H Q-OPP-2015
-0262 www.regulations.gov



## N-Butyl Mercaptan Notice of Registration Review Case Closure January 2016N-Butyl Mercaptan



## Approved by:

Date: N-Butyl Mercaptan EPA-HQ-O PP-20 15-0262 www.regularions.gov



## Notice of Registration Review Case Closure Case Number 6055

Robert McNally , Director Biopesticides and Pollution Prevention Divi s ion

2N-Butyl Mercaptan TABLE 

### O F CONTENTS EPA-HQ-OPP-20 15-0262 www.r egulations. g ov

I . INTRODUCTION .. . ............................... .. ... .. ... .. ... .. ... .. .. .. ... .. .. .. ... . ... .. .. . ................................... . .. . . . .. . .. 4 II. BACKGROUND INFORMATION ............................................................................. . .. . .. . .. . .. . .......... 4 III. REGISTRATION REV IEW CASE CLOSURE ............................. . .. . .. . . . . . .... . . .. ..............5

3N-Butyl Mercaptan EPA-HQ-OPP-20 15-0262 www . regulations.gov I. INT ROD UCT IO N The Food Quality Protection Act (FQPA) of 1996, mandated a registration review program. All pesticides distributed or so ld in the United States (U.S.) generall y must be registered by the Env ironm ental Protection Agency (EPA or the Agency) , based on scientific data showing that they will not cause unreasonable risks to human health or the environment when used as directed on product labeling. T h e registration review program is intended to make sure that , as the ability to assess risk evolves and as policie s and pract ices change, all registered pesticides continue to meet the statutory standard of no unreasonable adverse effects to human health or the env ironment. Changes in science , public policy, and pesticide use practices will occur over time. Through the registration review program , the Agency periodically reevaluates pesticides to make sure that as change occurs, products in the marketplace can be safe ly used. I nformation on thi s program is provided on EPA's web site. 1 In 2006, the Agency implemented the Registration Review program pursuant to FTFRA Section 3(g), and will review each registered pesticide every 15 years to determine whether it continues to meet the FIFRA standard for registration. Pursuant to 40 CFR 

### § 155.50, the Agency formally initiated registration review for N-Butyl Mercaptan (case 6055) in June 2015. The following timeline highlights significant events that have occurred regarding the registration review ofN-B uty l Mercaptan: 

### • June 24,2015- Publication of theN-Butyl Mercaptan Preliminary Work Plan and Summary Document inN-Butyl Mercaptan Docket (EPA- HQ -OPP- 20 15-0262) for a 60-day public comment period. No comments were received. November 13 , 20 15
- Publication of a final Cancellation Order for all N-Buty l Mercaptan product registrations in the Federal Register (80 FR 70206, FRL-9934-46). II . BA CKGROUN D INFORMAT ION N-Butyl Mercaptan is an animal repe ll ent that was previously registered for use to contro l deer and other foraging animals f rom damaging ornamental plantings , shrubs , trees , and orchards. N
- Butyl Mercaptan is not currently manufactured for use as a pesticide. All registration s for N- But yl Mercaptan have been canceled a s discussed below. In the course of regi s tration review for N-Butyl Mercaptan, on November 13 , 2015, the Agency iss ued a final cancellation order advi sing the sole registrant that under Section 4(i)(5)(G) of the Federal In secticide , Fungicide and Rodenticide Act (FIFRA) , as amended , the Agency cance ls the re gistration (E PA Reg. No. 65615-7, end-use formulation) for non-payment of the annual registration maintenance fee (copy of the notice is included in the docket for this registration review). EPA Reg. No . 65615-7 , Scoot Deer & Rabbit Rep elle nt , was the last N-Butyl Mercaptan pesticide product registration in the Un ited States.

1 http: //www.epa.gov/ oppsrrd 1 /reg is tration

_ review/ 4N-Butyl Mercaptan E PA-HQ-OPP-20 15-0262 www. regulations.go" The existing stocks provisions for these products are as follows: The registrant was allowed to continue to sell and distribute existing stocks until J anuary I 5, 2016, which was o ne year after the date o n which the registration maintenance fee was due. T hereafter, the regi strant is prohibited from sell in g o r dis tributing the products excep t for expo rt in accordance with FIFRA section 17 , or for proper disposal. Persons other th an the registrant may se ll distribute, or u se exis tin g s tocks of products until existing stocks are exhausted , provided that such sa le, distribution, or use is consistent with the terms of the previously approved labeling on, o r that accompanied , the cance led products. 

### III. REG ISTRAT IO N REVIEW CASE C LO SURE A cancellation order issued on November 13 , 20 15 , canceled a ll N-Butyl Mercaptan product registrations in the United S tates. In view of the cancellation order, the Agency is clos in g the registration review case for N- Butyl Mercaptan pursuant to 40 CFR § 155.4 2(c) w hich provides that the Agency "w ill close a registration review case if all products in the case are canceled.'. T his document concludes theN-Butyl Mercaptan registration review case.

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