[Federal Register Volume 60, Number 75 (Wednesday, April 19, 1995)]
[Notices]
[Pages 19580-19581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9166]



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

ENVIRONMENTAL PROTECTION AGENCY
[OPP-38511; FRL-4911-8]


Dichlorvos (DDVP); Deletion of Certain Uses and Directions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; Intent to delete certain dichlorvos (DDVP) uses.

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

SUMMARY: This notice, issued pursuant to section 6(f)(1) of the Federal 
Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 
136d(f)(1), announces EPA's receipt of a request from Amvac Chemical 
Corp. of Los Angeles, CA, the sole technical registrant of dichlorvos, 
for the amendment of its dichlorvos registrations through voluntary 
deletion of the following uses from its technical (EPA Reg. No. 5481-
96) and end-use labels, and a request to waive the 90-day comment 
period on this notice: in or on domestic dwellings (except for 
impregnated resin strips, total-release foggers, crack and crevice 
applications, and spot applications); rangeland grasses; greenhouses; 
tomatoes; tobacco; tobacco warehouses; food service establishments 
(except nonfood-handling areas); food-manufacturing establishments: 
bottling plants (including wineries, breweries, and soft drink plants), 
frozen food plants (including pizza plants and ice cream plants) 
(except nonfood-manufacturing areas); food-processing establishments: 
meat, poultry, and seafood slaughtering and/or packing plants 
(including those for edible fats and oils), frozen food plants 
(including those for fruits and vegetables), dairy product plants 
(including milk-processing plants) (except nonfood-processing areas); 
all aerial applications; and aircraft and buses. EPA intends to approve 
the proposed amendments at the close of the comment period unless Amvac 
withdraws or amends its request.

DATES: Written comments must be submitted on or before May 19, 1995.

ADDRESSES: Submit written comments in triplicate, identified by the 
docket control number, [OPP-38511], to: Public Response and Program 
Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. In person, deliver comments to: Rm. 246, CM #2, 
1921 Jefferson Davis Hwy., Arlington, VA.

FOR FURTHER INFORMATION CONTACT: By mail: Dennis Utterback, Special 
Review and Reregistration Division (7508C), Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460. Office location and 
telephone number: Special Review Branch, third floor, Crystal Station 
#1, 2805 Jefferson Davis Hwy., Arlington, VA, (703)-308-8026; e-mail: 
<a href="/cdn-cgi/l/email-protection#e693929283948487858dc8828388888f95a68396878b878f8ac8839687c8818990"><span class="__cf_email__" data-cfemail="a5d0d1d1c0d7c7c4c6ce8bc1c0cbcbccd6e5c0d5c4c8c4ccc98bc0d5c48bc2cad3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This notice provides background on Agency 
actions regarding dichlorvos, lists the uses Amvac Chemical Corp. is 
proposing to delete and the uses it intends to support, and states the 
provisions for existing stocks.

I. Introduction

    Dichlorvos is the commonly accepted name for 2,2-dichlorovinyl 
dimethyl phosphate, an organophosphate insecticide. Technical 
dichlorvos is produced by Amvac Chemical Corp. (Amvac) and is available 
as a 99.99% active ingredient technical product for formulating 
dichlorvos end-use products. Dichlorvos is a contact and stomach poison 
with fumigant action resulting in cholinesterase inhibition. Dichlorvos 
is used in the formulation of insecticide products for a wide range of 
uses in home and commercial establishments, as aerosols, liquid sprays, 
wettable powders, emulsifiable concentrates, soluble concentrates, 
pour-ons, granulars, and impregnated materials (resin strips and flea 
collars).
    There are two ongoing activities which may affect the proposed use 
deletions specified in this notice: the dichlorvos Special Review and 
the pending revocation of the pesticide food additive regulation for 
packaged and bagged processed nonperishable food. Anyone interested in 
retaining these uses proposed for deletion in this notice should be 
aware that future action by EPA resulting from the Special Review or 
food additive regulation revocation may alter the status of one or more 
dichlorvos uses.
    On February 24, 1988, EPA initiated a Special Review (previously 
referred to as an RPAR) for pesticide products containing dichlorvos. 
EPA determined that exposure to dichlorvos from the registered uses may 
pose an unreasonable carcinogenic risk and inadequate margins of 
exposure for cholinesterase inhibition to exposed individuals. The 
risks of concern detailed in the 1988 notice were for the general 
population from consumption of foods containing residues of dichlorvos, 
for those involved in the application of dichlorvos, for workers 
reentering treated areas, for residents/occupants of treated areas, for 
people exposed to pets treated with dichlorvos, and for pets treated 
with dichlorvos. EPA expects to issue a proposed determination, as a 
result of the Special Review, in 1995.
    In the Federal Register of October 3, 1991 (56 FR 50190), EPA 
proposed under section 409 of the Federal Food, Drug and Cosmetic Act 
(FFDCA) to revoke the food additive regulation for residues of the 
pesticide dichlorvos in or on packaged or bagged nonperishable 
processed food. The final rule revoking the food additive regulation 
was published on November 10, 1993, with an effective date of 120 days 
later. EPA later stayed the effective date indefinitely, pending Agency 
consideration of a petition from Amvac. This revocation remains stayed. 
If this action becomes effective it will mean the packaged and bagged 
processed nonperishable food treated with dichlorvos will likely be 
adulterated under FFDCA and the food may not be legally sold. However, 
a food additive regulation revocation by itself would not prohibit the 
legal sale or use of dichlorvos, under FIFRA, on packaged and bagged 
processed nonperishable food. To rectify this situation, EPA intends to 
cancel the related uses as soon as possible after any food additive 
regulation revocation becomes final.

II. Deleted Uses

    Amvac Chemical Corp., the sole registrant of the technical grade of 
the active ingredient dichlorvos, has requested to amend its dichlorvos 
registrations by deleting all uses and directions for use in or on 
domestic dwellings (except for impregnated resin strips, total-release 
foggers, crack and crevice applications, and spot applications); 
rangeland grasses; greenhouses; tomatoes; tobacco; tobacco warehouses; 
food service establishments (except nonfood-handling areas); food-
manufacturing establishments: bottling plants (including wineries, 
breweries, and soft drink plants), frozen food plants (including pizza 
plants and ice cream plants) (except nonfood-manufacturing areas); 
food-processing establishments: meat, poultry, and seafood slaughtering 
and/or packing plants (including those for edible fats and oils), 
frozen food plants (including those for fruits and vegetables), dairy 
product plants (including milk- [[Page 19581]] processing plants) 
(except nonfood-processing areas); all aerial applications; and 
aircraft and buses.

III. Uses Supported

    Amvac, manufacturer of technical-grade dichlorvos, is supporting 
the following uses under reregistration. A detailed technical label 
will be sent to every dichlorvos registrant to provide guidance as to 
the specific uses that can be formulated from this technical product. 
The only uses for which this product could be used to formulate end-use 
products would be as follows:

Domestic Uses

    Use of impregnated resin pest strip in campers, trailers, homes, 
cabins, garages, basements, and garbage cans. Use of total-release 
fogger (less than 1% active ingredient) in homes, cabins, garages, and 
basements. Use of total- release fogger (greater than 1% active 
ingredient) and nontotal-release aerosol in homes, cabins, garages, and 
basements only by a licensed pest control operator (PCO). Use of 
nontotal-release fogger and liquid formulations only by PCO in domestic 
dwellings. Dog and cat flea collars.

Agricultural Uses

    Use of impregnated resin pest strip over nonperishable packaged and 
bagged or bulk stored raw and processed commodities. Use of impregnated 
resin strip and total-release fogger (less than 1% active ingredient) 
in animal buildings and dairy milk rooms. Use of commercial aerosol/
foggers only by PCO in warehouses, silos, bulk bins, and in food-
processing, food-manufacturing, and food-handling and storage plants 
containing nonperishable packaged or bagged or bulk raw or processed 
food commodities and the nonfood areas of these sites. Liquid 
formulations for a variety of agricultural uses including animal 
premises and direct livestock animal treatment. Liquid formulations for 
use in mushroom houses and only for use by PCO. Liquid formulations for 
use only in commercial application equipment for space treatment and 
for use by PCO in warehouses, silos, bulk bins and food-processing, 
food-manufacturing, and food service establishments containing 
nonperishable, packaged, or bagged raw or processed food commodities or 
bulk raw or processed food commodities, and non-food handling areas. 
Use of nontotal-release aerosol only by PCO in animal buildings and 
dairy barns (milk rooms).

Other Uses

    Use of impregnated dispenser in enclosed outdoor utility equipment. 
Use of impregnated resin pest strip in museum collections, insect 
traps, garbage cans, catch basins, and trash dumpsters. Use of total-
release fogger (greater than 1% active ingredient) and only by PCO in 
warehouses, railroad cars, theaters, and industrial plants. Liquid 
formulations for crack and crevice use only (not space spray) and only 
by PCO in nonfood areas of commercial, industrial, and institutional 
sites, kennels, outside surfaces of buildings, refuse dumps, refuse and 
solid waste containers, and wine cellars. Liquid formulations only for 
veterinary use for direct application to domestic animals.

IV. Scope of this Notice

    This notice pertains to all Amvac end-use registrations and 
technical registrations. On the effective date of this document, Amvac 
must delete the appropriate uses from its labels. Since Amvac is the 
sole registrant of the technical-grade dichlorvos, there will no longer 
be a manufacturing use product available from which to formulate any 
dichlorvos-registered products for the uses Amvac is requesting to 
delete, unless Amvac withdraws its request. End-use registrants are 
being notified by certified mail of Amvac's decision to delete these 
uses. End-use registrants who purchase technical dichlorvos with a 
revised label may only formulate their products for the uses allowed on 
the technical label. For purposes of public information, Amvac will 
allow dichlorvos to be formulated for those uses listed in Section III 
of this notice. Any registrant that does not change its label to 
conform to the new technical label will be in violation of FIFRA. If 
any of the end-use registrants (or any other persons) desire to retain 
any of the uses for which deletion is requested, they are encouraged to 
contact Amvac to seek retention of that use. EPA intends to approve the 
proposed amendments at the close of the comment period unless Amvac 
withdraws or amends its request. The following list specifies the 
registrations affected by this notice: 5481-9, 5481-13, 5481-41, 5481-
73, 5481-96, 5481-200, 5481-201, 5481-202, 5481-203, 5481-204, 5481-
205, 5481-206, 5481-207, 5481-208, 5481-216, 5481-217, 5481-220, 5481-
240, 5481-241, 5481-334, 5481-338, 5481-340, 5481-341, 5481-342, 5481-
343, 5481-344, 5481-345, 5481-346, 5481-347, 5481-348.

V. Existing Stocks Provisions

    Under the authority of FIFRA section 6(a)(1), EPA will establish 
certain limitations on the distribution and use of existing stocks of 
dichlorvos products subject to any final cancellation notice. EPA 
defines the term ``existing stock'' to mean any quantity of dichlorvos 
products in the United States on the effective date an application for 
amendment of registration is granted by the Agency. Such existing 
stocks include dichlorvos products that have been formulated, packaged, 
and labeled and are being held for shipment or release or have been 
shipped or released into commerce.
    The Agency will permit Amvac to sell and distribute existing stocks 
of products with current labels for up to 1 year after the effective 
date of an amendment. Any sale or distribution of such products by 
Amvac after that 1-year period which do not bear labeling consistent 
with any amendment granted pursuant to this notice will be a violation 
of federal law. Any existing stocks remaining in the possession of all 
other persons after 1 year may continue to be sold, distributed, and 
used until such existing stocks are exhausted.
    EPA reserves the right to amend this existing stocks provision 
should conditions warrant such amendment. Users need to be aware that 
it is their responsibility to determine whether residues of dichlorvos-
treated food will result in illegal residues under FFDCA.

VI. Comments

    Persons interested in commenting on the proposed use deletions are 
invited to submit their written comments on or before May 19, 1995 to 
the address given above. Registrants should be aware that EPA will 
consider these comments in the context of other ongoing Agency 
activities relating to dichlorvos.

List of Subjects

    Environmental protection, Agricultural commodities, Pesticides and 
pests.

    Dated: April 7, 1995.

Daniel M. Barolo,
Director, Office of Pesticide Programs.

[FR Doc. 95-9166 Filed 4-18-95; 8:45 am]
BILLING CODE 6560-50-F

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>