[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9158]


[[Page Unknown]]

[Federal Register: April 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-64020; FRL 4771-5]

 

Voluntary Cancellation of the Registrations of Simazine for Use 
in Swimming Pools, Hot Tubs, and Whirlpool Baths

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Receipt of Requests to Cancel and Cancellation 
Orders.

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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 requests from nine registrants 
for the voluntary cancellation of fourteen registrations for products 
that contain simazine for use as an algaecide in swimming pools, hot 
tubs, and whirlpool baths. EPA accepts and grants these requests for 
voluntary cancellation, effective on April 15, 1994. Also, pursuant to 
section 4(i)(5)(D) of FIFRA, EPA is cancelling the registrations of two 
EZ-Clor Systems products and one N. Jonas Company product for failure 
to pay their annual registration maintenance fees for those products. 
The effective date for these section 4(i) cancellations is on April 15, 
1994. Existing stocks of all the products subject to the cancellation 
orders in this notice may not be sold, distributed, or used effective 
on April 15, 1994, except for (1) sale or distribution up through the 
channels of trade to the former registrant of that product, or (2) for 
lawful disposal.

DATES: The cancellations shall be effective on April 15, 1994.

FOR FURTHER INFORMATION CONTACT: By mail: Jeff Morris, Special Review 
Branch, Special Review and Reregistration Division (7508W), U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460. Office location and telephone number: Special Review Branch, 3rd 
floor, 2800 Crystal Drive, Arlington, VA 22202, (703) 308-8029.

SUPPLEMENTARY INFORMATION:

I. Risks Posed by Simazine in Swimming Pools and Related Uses

    Simazine, which is used primarily as an agricultural herbicide, is 
also used as an algaecide in swimming pools, hot tubs, and whirlpools. 
These pool-related uses account for less than 2 percent of total 
simazine usage. In 1989, EPA classified simazine as a Group C possible 
human carcinogen, and in August of 1993, EPA conducted a risk 
assessment of simazine swimming pool algaecide products. The risk 
assessment revealed unacceptable cancer and non-cancer health risks to 
children and adults exposed to water treated with simazine algaecides.
    EPA's risk assessment is based on laboratory animal studies. These 
studies indicate that short-term exposure to simazine may result in 
weight loss and reduced red blood cell count (anemia), which are 
reversible effects when exposure is terminated. The studies also show 
that exposure to simazine poses a potential risk of cancer.

II. Cancellations Pursuant to Voluntary Cancellation Requests

    Under section 6(f)(1) of FIFRA, a registrant may request at any 
time that EPA cancel a pesticide registration (7 U.S.C. 136d(f)(1)). 
EPA must publish in the Federal Register a notice of receipt of the 
request and allow public comment. The Administrator may waive the 
comment period prior to issuing an order if the registrant requests a 
waiver of the comment period, or if the continued use of the pesticide 
would pose an unreasonable adverse effect on the environment.
    The three registrants of technical simazine -- Ciba-Geigy, Drexel 
Chemical, and Oxon-Italia -- are not supporting the swimming pool/hot 
tub/whirlpool bath simazine uses. None of Drexel Chemical's products 
are registered for aquatic use, and Ciba-Geigy and Oxon-Italia ceased 
supporting all aquatic uses prior to EPA's risk assessment. The 
aquatic-use cancellation for Ciba-Geigy, the supplier of technical 
simazine for the swimming pool and related products, became effective 
on October 9, 1992.
    After EPA completed its assessment of the risks of simazine in 
swimming pools, it notified registrants of the cancer and non-cancer 
risks associated with simazine pool use. In view of these risks, nine 
of the thirteen end-use registrants agreed to request voluntary 
cancellation with no allowance for the formulation, sale, distribution, 
or use of existing product stocks. They also agreed to waive the 
comment period typically associated with such requests for voluntary 
cancellation. Because the nine companies voluntarily requested 
cancellation and asked for a waiver of the comment period, EPA orders 
the cancellations to become effective on April 15, 1994.

III. Cancellation For Maintenance Fee Nonpayment

    Section 4(i)(5)(A) of FIFRA, requires each registrant of a 
pesticide to pay an annual maintenance fee to keep its pesticide 
registrations in effect (7 U.S.C. 136a(5)(A)). On January 15, 1994, the 
fees were due for the following simazine algaecide products: 3432-52 
(N. Jonas Co., registrant), and 8791-14 and 8791-41 (EZ-Clor Systems, 
registrant). Both registrants responded to EPA's request for fee 
payment by indicating that they would voluntarily cancel their product 
registrations in lieu of paying the annual maintenance fee. This notice 
therefore serves as the final cancellation order for those products.

IV. Existing Stocks

    For purposes of this order, existing stocks are defined as those 
stocks of simazine products for use in swimming pools, hot tubs, and 
whirlpool baths that were in the United States and were packaged, 
labeled, and released for shipment prior to April 15, 1994.
    EPA has an established policy for determinations concerning the 
sale, distribution, and use of existing stocks of cancelled pesticides 
(June 26, 1991 (56 FR 29362)). That policy states that in cases where 
EPA has identified a significant risk concern and the registration is 
cancelled, EPA will make existing stocks determinations on a case-by-
case basis. In most cases EPA will not permit the continued sale, 
distribution, or use of a cancelled product raising risk concerns 
unless it can be demonstrated that the benefits exceed the risks. EPA 
reserves the right to amend this existing stocks provision, should 
conditions warrant such amendment.
    EPA has determined that it will not allow further distribution, 
sale, or use of existing stocks of any registered product subject to 
this notice by any person, except for (1) sale or distribution up 
through the chain of distribution to the former registrant of that 
product, or (2) for lawful disposal. It is the responsibility of the 
basic registrants to notify any and all supplementally registered 
distributors of their product(s) that this cancellation order also 
applies to their supplementally registered products. Registrants may be 
held liable for violations committed by their distributors.
    The swimming pool-related uses of simazine pose significant cancer 
and non-cancer risk. Moreover, information submitted to EPA does not 
demonstrate that the benefits of continued sale, distribution, and use 
of existing stocks outweigh these risks. The benefits resulting from 
the use of existing stocks appear negligible, in that there are more 
than 250 non-simazine algaecide products available for pool-related 
uses. The amount of formulated simazine product in the channels of 
trade appears to be relatively small: registrants have indicated to EPA 
that there are 66,000 pounds of granular product and 53,800 gallons of 
liquid product in their possession or in the channels of trade. Of that 
existing-stocks amount, 31,300 pounds is unformulated Ciba-Geigy 
simazine product that Ciba-Geigy has agreed to buy back from the 
registrants. Finally, EPA has taken steps that should have reduced the 
amount of stocks currently in the hands of registrants, retailers, and 
distributors. In December of 1993, EPA notified registrants of the 
risks associated with the products and asked them to stop formulating, 
selling, and distributing their products.
    As a result of the cancellation order and existing stocks 
determination, a product subject to this Notice may only be sold or 
distributed if it is both: (1) packaged, labeled, and released for 
shipment prior to April 15, 1994, and (2) sold or distributed (a) up 
through the chain of distribution to the former registrant of the 
product, or (b) for lawful disposal.

V. Registrations Subject to Cancellation Order

    The registrations subject to this cancellation order are listed 
below in Table 1.


      Table 1. -- Registrations Subject To This Cancellation Order      
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     EPA Reg. No.              Product Name            Company Name     
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3432-52*...............  S-90 Algaecide           N. Jonas & Co.        
                                                                        
7364-23................  Algimycin 400            Great Lakes           
                                                   Biochemical Co., Inc.
                                                                        
7364-39................  GLB Algimycin 600        Great Lakes           
                                                   Biochemical Co., Inc.
                                                                        
8791-14*...............  EZ-Clor Algi-Kleer       EZ-Clor Systems       
                                                                        
8791-41*...............  Poly-Kleer 4000          EZ-Clor Systems       
                          Algaecide                                     
                                                                        
8959-35................  Wintertrine Winterizer   Applied Biochemists   
                                                                        
9610-12................  Algamaster II Algaecide  Poolmaster, Inc.      
                                                                        
11411-13...............  Leslie's Algae Out       Leslie's Swimming Pool
                                                   Supplies, Inc.       
                                                                        
11411-14...............  Leslie's Algae Control   Leslie's Swimming Pool
                          II                       Supplies, Inc.       
                                                                        
12014-58...............  Poolcare Simazine Alga   A & V, Inc.           
                          Stop                                          
                                                                        
42177-43...............  Olympic Poly-Algazine    York Chemical Corp.   
                          30-35                                         
                                                                        
42177-56...............  Olympic Algazine 90      York Chemical Corp.   
                                                                        
45309-39...............  Swim Free 400 Algaecide  Aqua Clear Industries 
                                                                        
45309-40...............  Swim Free Dry Granular   Aqua Clear Industries 
                          Winterizer                                    
                                                                        
45309-45...............  Swim Free Granular       Aqua Clear Industries 
                          Algaecide                                     
                                                                        
54614-3................  Super Algyzine           Western Purity        
                                                   Biochemical, Inc.    
                                                                        
58307-3................  Poolzine 90              Quantum Biochemical   
                                                   Co., Inc.            
------------------------------------------------------------------------
*Cancelled through non-payment of annual registration maintenance fees. 


VI. Cancellation Order

    I approve the cancellation of the above 17 products, as well as the 
determination that from the date of this notice, all sale, 
distribution, and use of the existing stocks of these products is 
prohibited. Accordingly, this cancellation order shall become effective 
on April 15, 1994. Effective on April 15, 1994, a product subject to 
this notice may only be sold or distributed if it is both: (1) 
packaged, labeled, and released for shipment prior to April 15, 1994, 
and (2) sold or distributed (a) up through the chain of distribution to 
the former registrant of the product, or (b) for lawful disposal.

List of Subjects

    Environmental protection, Agricultural commodities, Pesticides and 
pests.

    Dated: April 5, 1994.

Douglas D. Campt,
Director, Office of Pesticide Programs.

[FR Doc. 94-9158 Filed 4-14-94; 8:45 am]
BILLING CODE 6560-50-F