[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 ------------------------------------------------------------------------ EPA Reg. No. Product Name Company Name ------------------------------------------------------------------------ 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