Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 61121 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0525; FRL–8395–6] 

Carbaryl; Notice of Receipt of 

Requests to Voluntarily Cancel or to 

Terminate Uses of Certain Pesticide 

Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In accordance with section 

6(f)(1) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended, EPA is issuing a 

notice of receipt of requests from 

Loveland Products, Inc., Value Garden 

Supply, and Helena Chemical Company 

to voluntarily amend their registrations 

to terminate uses of certain carbaryl 

products, or to eliminate certain 

application methods for carbaryl 

products. The requests would terminate 

carbaryl use in or on wheat, millet, and 

fresh/succulent beans and peas (crop 

subgroup 6B). These requests would 

also terminate the use of drench or dip 

treatments of seedlings or seed pieces, 

dust formulations in agricultural crops, 

granular applications to leafy vegetables 

(except brassica), direct applications 

(except for flea collars) to domestic 

animals (including dogs, cats, and other 

pets), and all indoor applications. The 

requests would not terminate the last 

carbaryl products registered for use in 

the United States. EPA intends to grant 

these requests at the close of the 

comment period for this announcement 

unless the Agency receives substantive 

comments within the comment period 

that would merit its further review of 

the requests, or unless the registrants 

withdraw their requests within this 

period. Upon acceptance of these 

requests, any sale, distribution, or use of 

products listed in this notice will be 

permitted only if such sale, distribution, 

or use is consistent with the terms as 

described in the final order. 

DATES: Comments must be received on 

or before November 14, 2008. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2008–0525, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2008– 

0525. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Christina Scheltema, Special Review 

and Reregistration Division (7508P), 

Office of Pesticide Programs, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–2201; fax number: (703) 308– 

8005; e-mail address: 

scheltema.christina@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, 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. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD-ROM that 

you mail to EPA, mark the outside of the 

disk or CD-ROM as CBI and then 

identify electronically within the disk or 

CD-ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 


jlentini on PROD1PC65 with NOTICES
61122 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background on the Receipt of 

Requests to Cancel and to Amend 

Registrations to Terminate Uses 

This notice announces receipt by EPA 

of requests from three registrants, listed 

in Table 2 below, to amend several 

carbaryl product registrations to 

terminate certain uses and eliminate 

certain application methods. Carbaryl is 

a broad-spectrum insecticide used on a 

variety of food and feed crops, 

ornamentals, turf, pasture, and 

rangeland. In letters dated September 

2008, registrants of carbaryl products 

requested EPA to amend the product 

registrations identified in Table 1 of this 

notice to terminate certain uses and 

eliminate certain application methods. 

Specifically, these registrants are no 

longer supporting carbaryl use in or on 

wheat, millet, and fresh/succulent beans 

and peas (crop subgroup 6B). These 

requests would also terminate the use of 

drench or dip treatments of seedlings or 

seed pieces, dust formulations in 

agricultural crops, granular applications 

to leafy vegetables (except brassica), 

direct applications (except for flea 

collars) to domestic animals (including 

dogs, cats, and other pets), and all 

indoor applications. The complete list 

of affected registrations and registrants 

are identified in Tables 1 and 2, 

respectively. EPA’s action on these 

requests will not terminate the last 

carbaryl products registered in the 

United States, or the last pesticide 

products registered in the United States 

for these uses. 

III. What Action is the Agency Taking? 

This notice announces receipt by EPA 

of requests from various registrants to 

amend certain carbaryl product 

registrations to terminate various uses. 

The affected products, uses, and the 

registrants making the requests are 

identified in Tables 1 and 2 of this unit. 

Under section 6(f)(1)(A) of FIFRA, 

registrants may request, at any time, that 

their pesticide registrations be canceled 

or amended to terminate one or more 

pesticide uses. Section 6(f)(1)(B) of 

FIFRA requires that before acting on a 

request for voluntary cancellation, EPA 

must provide a 30–day public comment 

period on the request for voluntary 

cancellation or use termination. In 

addition, section 6(f)(1)(C) of FIFRA 

requires that EPA provide a 180–day 

comment period on a request for 

voluntary cancellation or termination of 

any minor agricultural use before 

granting the request, unless: 

1. The registrants request a waiver of 

the comment period. 

2. The Administrator determines that 

continued use of the pesticide would 

pose an unreasonable adverse effect on 

the environment. 

All of the carbaryl registrants listed in 

Table 2 have requested that EPA waive 

the 180–day comment period. EPA will 

provide a 30–day comment period on 

the proposed requests. 

Unless a request is withdrawn by the 

registrant within 30 days of publication 

of this notice, or if the Agency 

determines that there are substantive 

comments that warrant further review of 

this request, an order will be issued 

canceling or amending the affected 

registrations in the following Table 1. 

TABLE 1.—CARBARYL PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENTS

Registration 

Number Product Name Uses Being Terminated 

769–574 Suregard Brand Sevin 80S Carbaryl Insecticide Pea and bean, succulent shelled (subgroup 6B); preplant dip 

(sweet potato); wheat 

769–728 Sevin Brand Carbaryl Insecticide 5% Turf Insecticide Granules Pea and bean, succulent shelled (subgroup 6B); leafy vegetables (except brassica) 

769–971 Sevin Brand 80% DB Pea and bean, succulent shelled (subgroup 6B); preplant dip 

(sweet potatoes); use of dust formulations in agricultural 

crops; wheat 

769–972 Security Brand 50% Sevin Wettable Pea and bean, succulent shelled (subgroup 6B) 

769–976 Sevin Brand Carbaryl Insecticide 2% Granular Insecticide Leafy vegetables (except brassica) 

5887–43 Black Leaf Sevin Brand Carbaryl Insecticide Pea and bean, succulent shelled (subgroup 6B); direct application to domestic animals (dogs and cats) and their dwellings/premises 

5905–251 Helena Sevimol 4 Carbaryl Insecticide Pea and bean, succulent shelled (subgroup 6B) 

34704–289 10% Sevin Granules Pea and bean, succulent shelled (subgroup 6B); leafy vegetables (except brassica) 

34704–447 Carbaryl 4L Pea and bean, succulent shelled (subgroup 6B); millet; 

wheat; sweet potato preplant root or seedling dips or 

drenches; all indoor applications 


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Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 61123 

Table 2 of this unit includes the 

names and addresses of record for the 

registrants of the products listed in 

Table 1 of this unit. 

TABLE 2.—REGISTRANTS REQUESTING

VOLUNTARY CANCELLATION AND/OR

AMENDMENTS

EPA 

Company 

Number 

Company Name and Address 

769 Value Garden Supply 

9100 W. Bloomington Freeway 

Suite 113 

Bloomington, MN 55431 

5887 Value Garden Supply 

9100 W. Bloomington Freeway 

Suite 113 

Bloomington, MN 55431 

5905 Helena Chemical Company 

225 Schilling Boulevard 

Suite 300 

Collierville, TN 38017 

34704 Loveland Products, Inc. 

7251 W 4th Street (80634) 

P.O. Box 1286 

Greeley, CO 80632–1286 

IV. What is the Agency’s Authority for 

Taking this Action? 

Section 6(f)(1) of FIFRA provides that 

a registrant of a pesticide product may 

at any time request that any of its 

pesticide registrations be canceled or 

amended to terminate one or more uses. 

FIFRA further provides that, before 

acting on the request, EPA must publish 

a notice of receipt of any such request 

in the Federal Register. Thereafter, 

following the public comment period, 

the Administrator may approve such a 

request. 

V. Procedures for Withdrawal of 

Request and Considerations for 

Reregistration of Carbaryl 

Registrants who choose to withdraw a 

request for cancellation must submit 

such withdrawal in writing to the 

person listed under FOR FURTHER

INFORMATION CONTACT, postmarked 

before November 14, 2008. This written 

withdrawal of the request for 

cancellation will apply only to the 

applicable FIFRA section 6(f)(1) request 

listed in this notice. If the products have 

been subject to a previous cancellation 

action, the effective date of cancellation 

and all other provisions of any earlier 

cancellation action are controlling. 

VI. Provisions for Disposition of 

Existing Stocks 

Existing stocks are those stocks of 

registered pesticide products which are 

currently in the United States and 

which were packaged, labeled, and 

released for shipment prior to the 

effective date of the cancellation action. 

In any order issued in response to 

these requests for cancellation of 

product registrations and for 

amendments to terminate uses, the 

Agency proposes to include the 

following provisions for the treatment of 

any existing stocks of the products 

indentified or referenced in Table 1. 

Provided that these stocks bear labels 

previously approved by EPA, registrants 

may sell and distribute existing stocks 

of the affected products for 18 months 

from the effective date of the Agency’s 

termination order. 

If the request for voluntary 

cancellation and/or use termination is 

granted as discussed in this unit, the 

Agency intends to issue a cancellation 

order that will allow persons other than 

the registrant to continue to sell and/or 

use existing stocks of canceled products 

until such stocks are exhausted, 

provided that such use is consistent 

with the terms of the previously 

approved labeling on, or that 

accompanied, the canceled product. The 

order will specifically prohibit any use 

of existing stocks that is not consistent 

with such previously approved labeling. 

EPA intends to publish the cancellation 

order in the Federal Register after the 

end of the 30–day comment period for 

this notice. 

List of Subjects 

Environmental protection, Pesticides 

and pests, Carbaryl, SEVIN. 

Dated: October 1, 2008. 

Steven Bradbury, 

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs. 

[FR Doc. E8–24271 Filed 10–14–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8728–5] 

State Program Requirements; 

Application To Administer the National 

Pollutant Discharge Elimination 

System (NPDES) Program for 

Concentrated Animal Feeding 

Operations (CAFOs); Ohio 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice: Proposed approval and 

hearing. 

SUMMARY: The State of Ohio has 

submitted a request for the 

Environmental Protection Agency (EPA) 

to approve a revision to the Ohio 

National Pollutant Discharge 

Elimination System (NPDES) program to 

allow the Ohio Department of 

Agriculture (ODA) to administer the 

parts of the program pertaining to 

concentrated animal feeding operations 

(CAFOs) and storm water associated 

with construction activity at animal 

feeding operations (AFOs) in Ohio. The 

Ohio Environmental Protection Agency 

(Ohio EPA) currently administers the 

Ohio NPDES program in its entirety. 

Under the proposed revision, Ohio EPA 

would continue to implement all other 

aspects of the State’s approved NPDES 

program. EPA Region 5 received Ohio’s 

request in January 2007. In April and 

November 2007, EPA identified 31 

technical and legal issues that ODA 

needs to resolve before EPA would be 

able to approve the ODA program. In a 

letter dated September 4, 2008, ODA 

committed to pursue specified statutory 

and administrative rule changes to 

address the issues identified by EPA. 

The ODA letter also included proposed 

statutory and rule changes beyond the 

scope of the changes needed to resolve 

the issues raised by EPA. ODA 

subsequently provided correct versions 

of certain proposed statutory and rule 

provisions that were not included with 

the September 4 letter. On October 3, 

2008, EPA responded to ODA, stating its 

belief that enactment and adoption of 

the former changes would resolve EPA’s 

issues, and that the latter changes 

proposed by ODA will not adversely 

affect ODA’s authority to administer the 

NPDES program. The letter stated that 

EPA expects the adopted statutory and 

rule changes to be identical to those 

submitted with ODA’s September 2008 

letters. As a result, EPA proposes to 

approve Ohio’s application contingent 

on the enactment and adoption of the 

former changes, as documented in 

ODA’s September 4 letter. Today, EPA 

is requesting comment on the State’s 

application to have ODA administer the 

NPDES program for CAFOs and for 

storm water associated with 

construction activity at AFOs, and is 

providing notice of a public hearing and 

comment period on the Agency’s 

proposal to approve Ohio’s application. 

EPA will either approve or disapprove 

the State’s request after considering all 

comments it receives. A final decision 

to approve the program would be 

contingent on Ohio’s enactment and 

adoption of the statutory and rule 

changes needed to resolve EPA’s issues, 

as documented in ODA’s September 4 

letter. 

DATES: The public comment period will 

close on December 16. Comments must 


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