Termination of Pesticide Producing Establishments

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice.

SUMMARY:

This document announces the Agency's intention to terminate a number of pesticide producing establishment registrations for failure to file annual pesticide producing reports as required by section 7 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and supporting regulations found at 40 CFR part 167; and which the Agency could not contact through the U.S. mailing address on file pursuant to FIFRA section 7.

DATES:

The pesticide producing establishments listed in this document will have their establishment registration terminated December 6, 2004.

FOR FURTHER INFORMATION CONTACT:

Pesticide producing establishments should contact the EPA Regional Office having jurisdiction for the state where their parent company is located. A listing of the EPA Regional Offices is included under Unit III. of the SUPPLEMENTARY INFORMATION.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

This action is directed to pesticide producing establishments, but may be of interest to environmental, human health, and agricultural advocates; the agrochemical industry; pesticide users; and members of the public interested in pesticide use. This list is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. If you have any questions regarding the applicability of this action to you or a particular entity, consult the appropriate regional contact.

II. Background

Section 7 of FIFRA requires that all establishments that produce any pesticide or active ingredient used in producing a pesticide, or device subject to this Act be registered with the Agency, and that all such establishments submit annual production reports to the Agency. The EPA regulations at 40 CFR part 167 establish requirements concerning these annual reports and the information that must be in annual reports (40 CFR 167.85). The regulations state that establishment registrations will be subject to termination if an annual report is not submitted (40 CFR 167.20(f)).

Notwithstanding the requirements identified above, no annual production reports were received from the establishments identified in this document in 2000, 2001, 2002, and/or 2003. The mailings sent to the last reported address of the companies identified in this document were returned unopened to the Agency, with indications of “undeliverable” or “address unknown” as the reason for the return. Subsequent attempts to locate the identified companies and establishments were unsuccessful. Additionally, some of the companies and/or establishments are out of business. Therefore, the Agency is terminating, without further notice, the registrations of the identified establishments pursuant to 40 CFR 167.20(f) for failure to submit the annual reports in 2003.

Following termination of each pesticide producing establishment's registration, sale or distribution in the United States of any pesticide product produced in an establishment subsequent to the termination of that establishment's registration will be considered unlawful and a violation of section 12 of FIFRA, subject to possible civil and/or criminal penalties. This document will not preclude the Agency from seeking other appropriate remedies necessary for compliance with FIFRA.

III. List of EPA Regional Offices and Regional Contacts

The following is a listing of the EPA Regional Offices and Regional Contacts:

U.S. EPA, Region 3 (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia), Pesticides Programs (3WC32), 1650 Arch St., Philadelphia, PA 19103-2029, ATTN: Kyla Townsend-McIntyre, Telephone: 215-814-2045.

U.S. EPA, Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee), AFC Pesticides Section (APTMD), 61 Forsyth St., SW., Atlanta, GA 30303-8960, ATTN: Jacquelyn Wilkerson, Telephone: 404-562-9011.

U.S. EPA, Region 7 (WWPD/PEST), (Iowa, Kansas, Missouri, Nebraska), 901 N. 5^th St., Kansas City, KS 66101, ATTN: Lou Banks, Telephone: 913-551-7125.

U.S. EPA, Region 9 (Arizona, California, Hawaii, Nevada, American Samoa, Guam) Pesticides Office (CMD-5), 75 Hawthorne St., San Francisco, CA 94105, ATTN: Glenda Dugan, Telephone: 415-947-4204.

U.S. EPA, Region 10 (Alaska, Idaho, Oregon, Washington), Pesticides Unit (ECO-084), 1200 Sixth Ave., Seattle, WA 98101, ATTN: Teresa Pimental, Telephone: 206-553-2057.

IV. Pesticide-Producing Establishments to be Terminated

The following table lists those companies with specific pesticide-producing establishments to be terminated.

Authority: 7 U.S.C. 136

List of Subjects

• Environmental protection
• Pesticides
• Reporting and recordkeeping requirements