Chlorpyrifos; Amendment to Provisions for Disposition of Existing Stocks
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Issuing agencies
Abstract
On August 31, 2022, EPA announced its order for the cancellations for 16 chlorpyrifos products (including the products listed in Table 1 of Unit II.) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which were voluntarily requested by the registrants and accepted by the Agency. The Agency is issuing this notice to amend the existing stocks provisions in that order, specifically for the products listed in this document.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 18 (Friday, January 27, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Page 5332]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01655]
[[Page 5332]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0223; FRL-10138-02-OCSPP]
Chlorpyrifos; Amendment to Provisions for Disposition of Existing
Stocks
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On August 31, 2022, EPA announced its order for the
cancellations for 16 chlorpyrifos products (including the products
listed in Table 1 of Unit II.) pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), which were voluntarily
requested by the registrants and accepted by the Agency. The Agency is
issuing this notice to amend the existing stocks provisions in that
order, specifically for the products listed in this document.
ADDRESSES: The docket for this action, identified under docket
identification (ID) number EPA-HQ-OPP-2022-0223, is available online at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional instructions on visiting the
docket, along with more information about dockets generally, is
available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Patricia Biggio, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: 202-566-0700; email address:
<a href="/cdn-cgi/l/email-protection#014e515142696d6e7371787368676e72486f70746873686472416471602f666e77"><span class="__cf_email__" data-cfemail="36796666755e5a5944464f445f5059457f5847435f445f53457653465718515940">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Information
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.
II. What action is the Agency taking?
Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The provisions for disposition of existing stocks
laid out in Unit IV. of the Cancellation Order for Certain Chlorpyrifos
Registrations (87 FR 53471, August 31, 2022 (FRL-10138-01-OCSPP)) are
as follows: ``Because chlorpyrifos tolerances have been revoked and use
of chlorpyrifos renders food adulterated all sale, distribution, and
use of the chlorpyrifos products identified in Table 1 of Unit I. is
prohibited, except for export consistent with FIFRA section 17 (7
U.S.C. 136o), or for proper disposal.'' It was recently called to the
Agency's attention that the cancelled products identified in the August
31, 2022 order (Table 1), were registered for only non-food uses or had
labels which did not include food uses.
Table 1--Chlorpyrifos Product Registrations With Revised Provisions for Existing Stocks
----------------------------------------------------------------------------------------------------------------
EPA registration No. Product name Company
----------------------------------------------------------------------------------------------------------------
499-405.............................. Whitmire PT 1920 Total Release Insecticide...... BASF.
499-367.............................. Whitmire PT 275 DUR-O-CAP Microencapsulated BASF.
Chlorpyrifos.
----------------------------------------------------------------------------------------------------------------
Table 2--Registrants With Revised Provisions for Existing Stocks
------------------------------------------------------------------------
EPA company No. Company name and address
------------------------------------------------------------------------
499.......................... BASF Corporation, 26 Davis Drive, P.O.
Box 13528, Research Triangle Park, NC
27709-3528.
------------------------------------------------------------------------
Pesticide products containing chlorpyrifos that are registered for
only non-food uses were not impacted by the tolerance revocation, and
thus the same reasons for prohibiting sale, distribution, and use do
not apply. Therefore, EPA is amending the cancellation order to provide
different existing stocks language for the products listed in Table 1
and for the registrant in Table 2.
III. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. At this time, the Agency has identified no
significant potential risk concerns associated with the products
identified in Table 1 of Unit II. Therefore, EPA is allowing the
registrant listed in Table 2 of Unit II. to sell and distribute
existing stocks of these products for one year after publication of the
August 31, 2022. Cancellation Order in the Federal Register (87 FR
53471). As such, the registrant may sell the products in Table 1 until
August 31, 2023. Thereafter, registrant listed in Table 2 of Unit II.
will be prohibited from selling or distributing the pesticide products
identified in Table 1 of Unit II., except for export consistent with
FIFRA section 17 (7 U.S.C. 136o) or for proper disposal.
Persons other than registrants will generally be allowed to sell,
distribute, or use existing stocks until such stocks are exhausted,
provided that such sale, distribution, or use is consistent with the
terms of the previously approved labeling on, or that accompanied, the
canceled products.
List of Subjects in 40 CFR Part 180
Environmental protection, Pesticides and pests, Cancellation.
Dated: January 23, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2023-01655 Filed 1-26-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.