Document 5bX957xkG79G98wXqJ69ZNm94

i % Lynn L. Bergeson Betgesott & Campbell PC 2200 Pennsylvania Avenue NWSSuite 100W Washington, DC 20037-1701 December 27, 2012 Dear Ms, Bergeson: I am writing to provide notice that the cancellation o f "group 2" uses, the sod fain;, golf course, and highway rights of way uses identified in the September 30, 2000, Federal Register (74 IR 50187) (FRi-8437-7) (2009 Notice) cannot he finalized, and the existing stocks provisions for all remaining products containing the organic arsenical monosodhtm methwearsonaie (MSMA) will be corrected m a federal Register notice to be published in the near future. In the cancellation order of the 2009 Notice registrants would have been prohibited trow selling and distributing p re s e ts containing MSMA for use on sod ferns, golf courses, and highway rights of way, after December 31.2012, Persons other than registrants would have been prohibited from selling and distributing products containing MSMA for use on .sod farms, golf courses, and highway rights o f way, after June 30,2013 and after December 31,2013 use o f products, containing MSMA labeled for all uses, except cotton would have heel prohibited. Pursuant to paragraph 6 of the Agreement in Principle to Implement the Organic Arsemeais Reregistration Eligibility Decision dated January 16,2009, if EPA fails to provide a written determination by December 31,2012, based on the Agency's consideration of recommendations o f the peer review body, whether EPA believes that the science on the mode o f action issue has changed sufficiently to warrant a continuation of golf course, sod Jam's or highway rights o f way uses of MSMA, the effective date for the deletion of these uses will be extended until the required written determination has been provided. The deadlines for the sale, distribution and use o f existing stocks labeled for these uses will be extended by an equivalent period. Became EPA will not provide a written determination by December 31, 2012, the group 2 uses will urn be deleted as of December 31, 2012 and will be extended until the required written determination has been provided Paragraph 3 of the Agreement in Principle provided that EPA would.convene a public aieeting of either the Agency's Scientific Advisory Board, the Scientific Advisory Panel, or both to evaluate any new data on the mode o f action o f inorganic arsenicals, and the cancellation request and existing stocks provision of the 2009 Notice were conditioned upon the timely completionof the Sierra Club v. EPA 18cv3472 NDCA Attachments Prod 1 ED 002061 00051030-00001 peer review process. le light of a Congressional directive to have the National Academy of Sciences (NAS) look at the mode of action for carcinogenic effects by inorganic arsenic, EPA and the arsenic registrants recently agreed to modify Paragraph %o f the .Agreement to include the MAS as a third potential peer review body, one o f which must hold a public meeting on the mode of action before the cancellations can be finalized. As noted in my letter to you dated September 14,2012, it is EPA's current intention to undertake the peer review contemplated by the Agreement in Principle by relying upon the NRC/NAS review. EPA will notify registrants should this intention change in the future, Based on the above information mi how it affects the current registration status o f the Group 2 uses, registrants may submit label amendments to remove the restrictions regarding use of the product m sod farms, golf courses, and Wghway rights o f way after December 31,2013, from the product labels, If you have any questions, please do not hesitate to contact Tom Myers o f my staff at myers.tom-n-epa, gov or (703) 308-8589. Sincerely yours, Richard P. Keigwin, Jr. Director, Pesticide Re-evaluation Division Office o f Pesticide Programs Sierra Club v. EPA 18cv3472 NDCA Attachments Prod 1 ED 002061 00051030-00002