EPA Registration No. 87445-1 

Vol. 2 

(Formerly 79628-1)
1

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

Mr. Kevin R. Kutcel 

Borates Plus Inc. 

1101 South Orange Blossom Trail 

Apopka, Florida 32703 

Subject: Notification(s) for Pesticide Registration Notice 98-10 

Dear Mr. Kutcel: 

SEP 1 9 2011 

The Agency is in receipt of your Application for Pesticide Notification under Pesticide Registration Notice 

(PRN) 98-10 dated September 5, 2011 for the product: 

Disodium Octaborate 

Tetrahydrate 

EPA Reg. No. 87445-1 

The Registration Division (RD) has conducted a review of this request for its applicability under PRN 98-10 

and finds that the action(s) requested does not clearly fall within the scope ofPRN 98-10. 

The primary name must be on the label with the alternate brand name you are requesting. The Agency does 

not accept Supreme as part of the product name because it implies heightened efficacy. 

If you have any questions, please contact Linda A. DeLuise at 703.305.5428. 

Sincerely, 

~/L&~ '----Richard Gebken 

~ Product Manager 

Insecticide Branch 

Registration Division (7505P) 
2

Print Form 

1'1" •• " .". OM on ,..,.,.,. _0 

'" al iomr. onn Rerovet' MB No. 2070-0060 - " -- - .. 

United Stetes § Registration opp Identifier Number 

&EPA Environmental Protection Agency Amendment 

Washington. DC 20460 X Other 

F A 

Application for Pesticide - Section I 

1. CompanylProduct Number 2. EPA Product Managar 3. Prop08ed Cla88ification 

Borates Plus / 87445 Mark Suarez o None o Restricted 

4. CompanylProduct (Name) PMI 

Borates Plus / Disodium Octaborate Tetrahydrate 

5. Name and Addre.s of Applicant (lnolud" ZIP Code} 6. Expedited Review. In accordance with FIFRA Section 31cH3) 

Borates Plus Inc. (bHiI. my product is similar or identical in composition and labeling 

1101 South Orange Blossom Trail to: 

Apopka, FL 32703 II EPA Reg. No. 

D Check if this is II new tlddress Product Name 

Section - II 

0 Amendmant - Explain below. 0 . Final printed labe', in response to 

Agency letter dated 

0 Resubmission in response to Agency letter dated 0 ·Me Too· Application. 

0 Notification - Explain below. 0 Other - Explain balow. 

Explanation: Use additionel paga(8) if neca8sary. (For saction I and Saction II.) 

Please accept this notification for an alternate brand name "Borate Supreme" for Reg. No. 87445-1. Please see attached cover letter for 

additional information. 

Section - III 

1. Materiel This Product Win Be Packaged In: 

Child-Rasi8tant Packaging Unit Packaging Water Soluble Packeging 2. Type of Container 

~Ye,. ~Yes ~ Yes 

X No X No No ~~~ X Plastic 

Glas8 

• Certification must If ·Yes· No. per If ·Yes· No. per X Paper 

Unit Packaging wgt. container Package wgt container Other (Specify) be submittBd 

I 

3. Location of Net Content. Information 4. Sizels) Retail Container 5. Location of Label Directions 

l8J o Container 50,1400, 1500 Ib~ ~ OnLabel 

Label On Labeling accompenying product 

6. Manner in Which label i8 Affixed to Product §UthograPh 0 Other 

Paper·Pelued 

Stancled 

Section - IV 

1. Contact Point (Complete items directly below for identification of individual to btl contacted, if necessary, to process this application.} 

Name Title Telephone No. (Include Area Code) 

Kevin R. Kutcel Consultant 440-263-7305 

! Certification 6. 0t'te ~Pcl>r.cation 

I certify that the stataments I have made on this form and all attachmants therato are true, accurata and comple~., , RCC6':ved c l ( ( 

I ecknowledge that anv knowinglv felse or misleading statement mev be puni8hable bV fine or imprisonment ~r! , ~ c ! (St'iJmped, both under applicable law. L ! 

I 

3. Title ( ! ! t l ( 

2.Sign~~ , ! ! 

Consultant ! ! 

I. I 

< t ( L L ( ! 

4. Typed Name 5. Date I 

, ~ (. 

Kevin R. Kutcel Sep 5, 2011 (( l <-

.. , "' .. EPA Form 8570-1 IRev. 8-94) PreVIous editions are obsolete. WhIt. - EPA At. Copy lorlglnal) Ve!:ow - Applicant Copy 
PRECAUTIONARY STATEMENTS 

HAZARDS TO HUMANS AND DOMESTIC ANIMALS 

CAUTION: Harmful if swallowed. Causes moderate eye 

irritation. Avoid contact with eyes or clothing. Wash thoroughly 

with soap and water after handling. A void contamination of food 

and feed. Do not have container where children or animals may 

gain access. Personal protective clothing, normal work clothes 

(Le. long pants, shoes plus socks, a long-sleeved shirt) plus 

waterproof gloves for all handlers and a NIOSH?MSHA certified 

respirator d uring mlxmg an dl oa d' mg. 

FIRST AID 

If on skin or • Take off contaminated clothing. 

clothing • Rinse skin immediately with plenty or water for 1 

20 minutes. 

• Call a poison control center or doctor for treatmen 

advice. 

If in eyes • Hold eye open and rinse slowly and gently with 

water for 15-20 minutes. 

• Remove contact lenses, if present, after the first 5 

minutes, then continue rinsing eye. 

• Call a poison control center or doctor for treatmen 

advice. 

If swallowed • Call a poison control center or doctor for treatmen 

advice. 

• Have person sip a glass of water if able to swallow • Do not induce vomiting unless told so by the 

poison control center or doctor. 

• Do not give anything by mouth to an unconscious 

person. 

HOT LINE NUMBER 

Have the product container or label with you when calling a poison 

control center or doctor, or going for treatment. In case of emergency, 

call the National Pesticide Information Center at 800-858-7378. 

ENVIRONMENTAL HAZARDS 

This pesticide is toxic to fish. Do not discharge effluent containing 

this proJuct Illto lakf', ponds, estuaries, oceans or other 

waters in ;Vith the requirements of a National 

Pollutoot System (NPDES) permit and the 

permitting authority has been notified in writing prior to discharge. 

Do not discharge effluent containing this product to sewer systems 

withoutpreviolls1y notifying th'ylocal sewage treatment plant 

,autho;ty. Fo;: gG,idance contil:' )'our State Water Board or Regiona 

.offic; oft.he El'A_. _" __ ___________ ----' 

Borate Supreme 

A preservative for Protection and 

Treatment of Wood and Wood-Foam 

Composite Structural Components 

Against Decay Fungi and WoodDestroying Insect. 

ACTIVE INGREDIENTS: 

Disodium Octaborate Tetrahydrate ... 99.98% 

Inert Ingredients .............................. 0.02% 

This Product is for sale only to 

Professional Wood Treaters. 

KEEP OUT OF REACH OF 

CHILDREN 

CAUTION 

See Side Panels for Additional Precautionary 

Statements 

MANUFACTURED FOR: 

Borates Plus 

1101 S. Orange Blossom Trail 

Apopka, FL 32703 

Reg. No. 87445-1 

Establishment No. 87475-ARG-OOI 

Net Contents 1500 Ibs (680.6 kg) 

DIREC

It is a violation of Fe

manner inconsistent wi

Disodium Octaborate T

inorganic borate salt f

lumber and wood-foam 

against decay fungi a

Powder Post Beetles (LHouse Borers (A

(Gerambycidae). This 

wood staining fungi 

compatible products. 

resists attack of Subt

Coptotermes, Heter

(Zootermopsis), Dry

Incisitermes), and Carp

wood. 

Pressure treatment with 

interior wood and 

components, which wi

direct contact with soil

structural components 

can be used in exterior 

water, including rain 

when treated with a wa

with DOT. When en

waterproofing treatmen

resealed. This inclu

manufacturer's propriet

PRESSURE TREATM

and wood-foam structu

to the current specific

American Wood Preser

STOR

STORAGE: Store in a 

or animals may gain ac

DISPOSAL: Wastes r

may be disposed of on-

facility. 

CONTAINER DISPO

application equipment. 

sanitarY landfill or by i
4

September 6, 2011 

US EPA (NOTIF) 

1101 S. Orange Blossom Trail 

Apopka, FL 32703 

Tel: 440-263-7305 

E-mail: kevinkutcel@gmail.com 

Office of Pesticide Programs 

Room S-4900, One Potomac Yard 

2777 South Crystal Drive 

Arlington, VA 22202-4501 

Subject: PR Notice 1998-10 Notification for ABN (EPA No. 87445-1) 

Please accept the attached 3 copies of the revised label for Reg. No. 87445-1 with the alternate 

brand name "Borate Supreme" per PR Notice 1998-10. 

Attached is EPA Form 8570-1 regarding this notification as required in PR Notice 1998-10. 

This notification is consistent with the guidance in PR Notice 1998-10 and the requirements of 

EPA's regulations at 40 CFR 156.46, 156.140, 156.144, 156,146 and 156.156 and no other 

changes have been made to the labeling or the Confidential Statement of Formula for this 

product. I understand this it is a violation of 18 U.S.c. Sec. 1001 to willfully make any false 

statement to EP A. I further understand that if the amended label is not consistent with the 

requirements ofPR Notice 98-10 and CFR 156.46, this product may be in violation ofFIFRA 

and I may be subject to enforcement action and penalties under sections 12 and 14 ofFIFRA. 

Best Regards, 

/~~ 

/'~~/ 

Kevin R. Kutcel, 

Vice-President 

( '-

( '- ~ c { 
5

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

March 29, 2011 

MR. KEVIN KUTCEL 

KRK CONSULTING LLC, AGENT FOR 

BORATES PLUS, INC. 

5807 CHURCHILL WAY 

MEDINA, OH 44256-

Dear Mr.Kutcel: 

OFFICE OF 

PREVENTION, PESTICIDES AND 

TOXIC SUBSTANCES 

Subject: Transfer of Pesticide Registrations and Data From Company Number 79628 to 

Company Number 87445 

Pursuant to your request in your letter and transfer agreement of January 25, 2011, we 

have approved the transfer of the following registrations from WOOD TREATMENT 

PRODUCTS, INC., company number 79628 to BORATES PLUS, INC., company number 

87445. 

The effective date of these changes is the date of this letter. 

Registered Products 

Old EPA 

Reg. No. 

DIS ODIUM OCTABORATE TETRAHYDRATE 79628-1 

New EPA 

Reg. No. 

87445-1 

You should indicate the new company designation, new EPA Registration Number and 

new Establishment Number (if it has changed) on the labeling at the next printing which should 

occur no later than 18 months after the effective date of this transfer. After 18 months, any 

product released for shipment must bear the new Registration Number and Establishment 

Number. If you intend to use the labels which currently appear on the transferor's product after 

the effective date of the transfer, but within the 18 month grace period, you must maintain 

complete and accurate records which identify by batch number, lot number, or other suitable 

description the quantities of such product bearing the transferor's label. Each container or 

package bearing the transferor's label which is released after the effective date of product 

registration transfer, must be clearly and accurately marked with the batch number, lot number or 

other descriptive designation used to identify the product in your records. 

Supplemental distribution agreements of registered products do not transfer with the 

Section 3 registration. It is your responsibility as the registrant to notify any and all supplemental 

distributors of the transferred product(s) of this transfer agreement. If you wish to enter into 
6

supplemental distribution agreements of your product(s) under this new registration, the form 

"Notice of Supplemental Distribution of a Registered Pesticide Product," EPA Form 8570-5, 

must be submitted to the Agency for each supplemental distributorship. 

You are required to contact your local EPA Regional Office to determine what effect this 

transfer of pesticide registrations has on the pesticide production establishment registration. 

It will not be necessary to submit labeling for review if the only changes are in the 

company designation and the EPA Registration Number. Other changes in the product and/or 

labeling may require EPA review and approval prior to distribution or sale of the product 

containing the new registration number. In any correspondence on these products always refer to 

the U.S. EPA Registration Number listed above. 

The transferred registration will have the same status under the Federal Insecticide, 

Fungicide and Rodenticide Act, as amended, 7 USC 136 et seq., as it had prior to the approval of 

this transfer. 

When registrations are transferred from one company to a second company, all 

restrictions, data requirements, conditions (suspensions), and deadlines existing on the 

registrations are transferred with the registrations. The new company is responsible for adhering 

to or complying with all such restrictions, etc. on the acquired products. 

With regard to deadlines, the transferee company is responsible for submitting all 

required data according to the schedules already established for the acquired products. Failure to 

do so will result in the issuance of a Notice of Intent to Suspend. Requests from transferee 

companies for additional time to submit, because they acquired the registration(s) after the 

3(c)(2)(B) request was issued will not be granted. If a transferee company has other valid 

reasons for delays in the testing which were clearly outside of their control, then such requests for 

time extensions will be considered in accordance with the established procedures. Transfers 

occurring while a 3 (c)(2)(B) request is being issued or during the 90-day response time are 

subject to the same conditions expressed above. 

Registration is in no way to be construed as an endorsement or approval of these products 

by the Agency. In order to protect health and the environment, the Administrator, on his motion, 

may at any time suspend or cancel the registration of a pesticide in accordance with FIFRA. 

Furthermore, the transfer of the subject registrations is approved under the condition that 

the annual maintenance fee obligation has been fully satisfied. The marginal maintenance fee is 

determined based solely on the total number of active section 3 and section 24( c) registrations 

held by the transferor. If the annual maintenance fee has not been fully satisfied, the transferee 

and transferor will be notified to comply within a specified time period or the affected 

registrations may be canceled. 

The Agency acknowledges it has received a request for data transfer dated January 25, 

2011 to transfer data ownership from the transferor to the transferee. The data transfer is 

effective the date of this letter. After this date BORATES PLUS, INC. will be considered the 

data owner. This action will not automatically reflect on the Data Submitters List. If you want to 

be added to the Data Submitters List, you must submit a request to: 
7

Document Processing Desk (DSL) 

Office of Pesticide Programs (7504P) 

U.S. Environmental Protection Agency 

Ariel Rios Building 

1200 Pennsylvania Avenue, NW 

Washington, DC 20460 

By copy of this letter we are informing the transferor ofthese changes. If you have any 

questions about this transfer approval please contact Louis Vaughn at (703) 308-8114. 

Sincerely, ' 

~~~--;?" 

Steve Robbins, Chief 

Information Services Branch 

Information Technology & Resource Management Div. (7504P) 

cc: MR. JOHN G. ROMBOUGH, JR. 

WOOD TREATMENT PRODUCTS, INC. 

197 MEADOW BEAUTY TERRACE 

SANFORD, FL 32771-6481