Notice2023-09396
Cancellation Order for Certain Chlorpyrifos Registrations and Uses
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.
Published
May 4, 2023
Effective
May 4, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) hereby announces its final cancellation order for the cancellations and amendments voluntarily requested by the registrants and accepted by the Agency, of the products in Table 1 and Table 2 of Unit I, pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). This final cancellation order follows a December 13, 2022, Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit I, to voluntarily cancel or amend these product registrations. In the December 13, 2022 notice, EPA indicated that it would issue a final order implementing the cancellations, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received three comments on the notice regarding registrations containing the ingredient chlorpyrifos, which are summarized in Unit III.B. EPA's responses to these comments and its determination that these comments do not merit further review of these cancellation and amendment requests are included in Unit III.C. None of the registrants withdrew their request for these voluntary cancellations or amendments. Accordingly, EPA hereby grants the requested cancellations and amendments shown in this cancellation order. Any distribution, sale, or use of existing stocks of these products subject to this cancellation order is permitted only in accordance with the terms of this order.
Full Text
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<title>Federal Register, Volume 88 Issue 86 (Thursday, May 4, 2023)</title>
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[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28541-28545]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09396]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0223; FRL-10924-01-OCSPP]
Cancellation Order for Certain Chlorpyrifos Registrations and
Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) hereby announces its
final cancellation order for the cancellations and amendments
voluntarily requested by the registrants and accepted by the Agency, of
the products in Table 1 and Table 2 of Unit I, pursuant to the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA). This final
cancellation order follows a December 13, 2022, Federal Register Notice
of Receipt of Requests from the registrants listed in Table 3 of Unit
I, to voluntarily cancel or amend these product registrations. In the
December 13, 2022 notice, EPA indicated that it would issue a final
order implementing the cancellations, unless the Agency received
substantive comments within the 30-day comment period that would merit
its further review of these requests, or unless the registrants
withdrew their requests. The Agency received three comments on the
notice regarding registrations containing the ingredient chlorpyrifos,
which are summarized in Unit III.B. EPA's responses to these comments
and its determination that these comments do not merit further review
of these cancellation and amendment requests are included in Unit
III.C. None of the registrants withdrew their request for these
voluntary cancellations or amendments. Accordingly, EPA hereby grants
the requested cancellations and amendments shown in this cancellation
order. Any distribution, sale, or use of existing stocks of these
products subject to this cancellation order is permitted only in
accordance with the terms of this order.
DATES: The cancellations and amendments are effective May 4, 2023.
FOR FURTHER INFORMATION CONTACT: Patricia Biggio, Pesticide Re-
Evaluation Division (7508M), 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#98d7c8c8dbf0f4f7eae8e1eaf1fef7ebd1f6e9edf1eaf1fdebd8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="a6e9f6f6e5cecac9d4d6dfd4cfc0c9d5efc8d7d3cfd4cfc3d5e6c3d6c788c1c9d0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Information
A. 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.
B. How can I get copies of this document and other related information?
The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2022-0223, is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPP
Docket is (202) 566-1744. Please review the visitor instructions and
additional information about the docket available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
[[Page 28542]]
II. What action is the Agency taking?
This document announces the cancellations and amendments through
termination of certain uses, as requested by registrants, of products
registered under FIFRA section 3 (7 U.S.C. 136a). These registrations
are listed in sequence by registration number in Table 1 and Table 2 of
this Unit.
Table 1--Product Cancellations
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Registration No. Company No. Product name Active ingredients
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1381-243................................ 1381 Tundra Supreme............ Chlorpyrifos Bifenthrin.
62719-34................................ 62719 Lorsban 15G............... Chlorpyrifos.
62719-79................................ 62719 LOCK-ON................... Chlorpyrifos.
62719-220............................... 62719 Lorsban-4E................ Chlorpyrifos.
62719-221............................... 62719 Lorsban 50W in Water Chlorpyrifos.
Soluble Packets.
62719-254............................... 62719 Dursban 4E-N.............. Chlorpyrifos.
62719-301............................... 62719 Lorsban 75WG.............. Chlorpyrifos.
62719-353............................... 62719 Dursban F Insecticidal Chlorpyrifos.
Chemical.
62719-355............................... 62719 Dursban R Insecticidal Chlorpyrifos.
Chemical.
62719-575............................... 62719 Cobalt.................... Chlorpyrifos gamma-
Cyhalothrin.
62719-591............................... 62719 Lorsban advanced.......... Chlorpyrifos.
62719-615............................... 62719 Cobalt advanced........... Chlorpyrifos.
83222-20................................ 83222 CPF 4E.................... Chlorpyrifos.
83222-34................................ 83222 CPF 15G................... Chlorpyrifos.
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Table 2--Chlorpyrifos Registrations With Specific Uses To Be Terminated
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Registration No. Company No. Product name Uses to be terminated
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11678-58.............................. 11678 Pyrinex Chlorpyrifos Food uses: Agricultural Crops
Insecticide. [Terrestrial Food Crop,
Greenhouse Food Crop]:
Alfalfa; apple; asparagus;
banana; beet (sugar, garden/
table, including crops grown
for seed); blueberry;
Brassica (cole) leafy
vegetables (bok choy,
broccoli, broccoli raab,
Brussels sprouts, cabbage,
cauliflower, Chinese
cabbage, collards, kale,
kohlrabi); caneberries;
cherimoya; cherries (sour,
sweet); citrus fruits, corn
(field corn, sweet corn
(including corn grown for
seed)); cotton; cranberry;
cucumber; date; feijoa; fig;
grape; kiwifruit; leek;
legume vegetables (succulent
or dried), mint; nectarine;
onion (dry bulb); peach;
peanut; pear; pepper; plum;
prune; pumpkin; radish
(including crops grown for
seed); rutabaga; sapote;
seed and pod vegetables;
sorghum (milo); strawberry;
sugarcane; sunflower; sweet
potato; tree nuts, turnip;
wheat; seed treatment.
Commercial Livestock Housing:
Cattle ear tags, poultry
houses, turkey barns, swine
barns, and dairy barns.
Nonfood uses: Tobacco.
66222-19.............................. 66222 Chlorpyrifos 4E AG....... Food uses: Alfalfa, apple
tree trunk, asparagus,
cherries, citrus fruits
(calmondin, chironja, citrus
citron, citrus hybrids,
grapefruit, kumquat, lemons,
limes, mandarin, tangerine,
oranges, pummelo, Satsuma
mandarin, tangelo, tangor,
and other citrus fruit),
cranberries, figs, grapes;
legume vegetables including
adzuki bean, asparagus bean,
bean, blackeyed pea, broad
bean (dry and succulent),
catjang, chickpea, Chinese
longbean, cowpea, crowder
pea, dwarf pea, edible pod
pea, English pea, fava bean,
field bean, field pea,
garbanzo bean, garden pea,
grain lupin, green pea,
guar, hyacinth bean,
jackbean, kidney bean,
lablab bean, lentil, lima
bean, moth bean, mung bean,
navy bean, pea, pigeon pea,
pinto bean, rice bean,
runner bean, snap bean, snow
pea, southern pea, sugar
snap pea, sweet lupin, sword
bean, tepary bean, urd bean,
wax bean, white lupin, white
sweet lupin, yardlong bean;
mint (peppermint and
spearmint), plums, prunes,
nectarines, peaches,
almonds, onions, peanuts,
pears, sorghum, soybeans,
strawberries, sugar beets,
sunflowers, sweet potatoes,
tree fruits, tree nuts,
almonds, filberts, pecans,
walnuts; almond, pecan,
walnut orchard floors;
vegetables, Brassica (cole)
leafy vegetable (bok choy),
cauliflower, broccoli,
Brussels sprouts, cabbage,
Chinese cabbage, collards,
kale, kohlrabi, turnips,
radishes, rutabagas, wheat,
cotton; seed treatment.
Nonfood uses: Tobacco.
[[Page 28543]]
66222-233............................. 66222 Vulcan................... Food uses: Alfalfa, apple,
citrus fruits: calamondin,
chironja, citrus citron,
citrus hybrids, grapefruit,
kumquat, lemons, limes,
mandarin (tangerine),
oranges, pummelo, Satsuma
mandarin, tangelo, tangor,
citrus orchard floors, corn
(field and sweet) (including
corn grown for seed),
cotton, cranberries, figs,
grapes; legume vegetables,
including adzuki bean,
asparagus bean, bean,
blackeyed pea, broad bean
(dry and succulent),
catjang, chickpea, Chinese
longbean, cowpea, crowder
pea, dwarf pea, edible pod
pea, English pea, fava bean,
field bean, field pea,
garbanzo bean, garden pea,
grain lupin, green pea,
guar, hyacinth bean,
jackbean, kidney bean,
lablab bean, lentil, lima
bean, moth bean, mung bean,
navy bean, pea, pigeon pea,
pinto bean, rice bean,
runner bean, snap bean, snow
pea, southern pea, sugar
snap pea, sweet lupin, sword
bean, tepary bean, urd bean,
wax bean, white lupin, white
sweet lupin, yardlong bean;
mint (peppermint and
spearmint), nectarines,
peaches, almonds, onions
(dry bulb), peanuts, pears,
sorghum, soybeans,
strawberries, sugar beets,
sunflowers, sweet potatoes,
tree fruits and nuts:
almond, cherry, nectarine,
peach, pear, plum, prune,
walnut, filberts; almond,
pecan, and walnut orchard
floors; vegetables:
cauliflower, broccoli,
broccoli raab, Brussels
sprouts, cabbage, Chinese
cabbage, collards, kale,
kohlrabi, rutabaga, turnips,
radish, wheat; seed
treatment.
Nonfood uses: Tobacco.
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Table 3--Registrants of Cancelled or Amended Products
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EPA company No. Company name and address
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11678............................. ADAMA US, 3120 Highwoods Boulevard,
Suite 100, Raleigh, NC 27604.
66222............................. ADAMA US, 3120 Highwoods Boulevard,
Suite 100, Raleigh, NC 27604.
62719............................. Corteva Agriscience, LLC, 9330
Zionsville Road, Indianapolis, IN
46268.
1381.............................. Winfield Solutions, LLC, 1080 County
Rd., F West, MS5705, P.O. Box
64589, St. Paul, MN 55164.
83222............................. Winfield Solutions, LLC, 1080 County
Rd., F West, MS5705, P.O. Box
64589, St. Paul, MN 55164.
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III. Public Comments
A. Brief History
In August 2021, EPA issued a rule in the Federal Register on August
30, 2021 (86 FR 48315) (FRL-5993-04-OCSPP) revoking chlorpyrifos
tolerances on the grounds that the chlorpyrifos tolerances were not
safe. Pursuant to the procedures set forth in FFDCA section 408(g)(2),
objections to, requests for evidentiary hearings on those objections,
and/or requests for stays of the Final Rule were filed on or before the
close of the objections period on October 29, 2021. EPA issued an Order
published in the Federal Register on February 28, 2022 (87 FR 11222)
(FRL-5993-05-OCSPP) denying all objections to, requests for hearing on
those objections, as well as requests for stay of the Final Rule (the
Denial Order).
As a result, chlorpyrifos tolerances expired on February 28, 2022
per the Final Rule. Once the tolerances expired, use of pesticide
products containing chlorpyrifos on food or feed crops would result in
adulterated food, which cannot be sold in interstate commerce. After
EPA alerted registrants of chlorpyrifos products of the lack of
tolerances and the options for their products, several registrants
submitted requests to voluntarily cancel their chlorpyrifos pesticide
products. The notice for this action was published for comment in the
Federal Register on December 13, 2022 (87 FR 76191) (FRL-10469-01-
OCSPP). The 30-day public comment period closed on January 12, 2023.
B. Summary of Comments Received
During the public comment period, EPA received three comments in
response to the December 13, 2022 notice. The comments can be found in
the docket for this action, identified by docket identification (ID)
number EPA-HQ-OPP-2022-0223, available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
and are briefly summarized here. One comment was submitted by the
American Sugarbeet Growers Association, U.S. Beet Sugar Association,
and the Beet Sugar Development Foundation. A second comment was
submitted by a private citizen, and a third comment was submitted
anonymously and was not substantive.
The comment from the American Sugarbeet Growers Association, U.S.
Beet Sugar Association, and the Beet Sugar Development Foundation
opposed the voluntary cancellation of the products in the December 13,
2022 notice of receipt for this action. In particular, these commenters
specified concerns that the voluntary cancellation of chlorpyrifos
registrations and termination of certain uses is premature while there
is ongoing litigation regarding the Final Rule and Denil Order in the
United States Court of Appeals for the Eighth Circuit, Red River Valley
Sugarbeet Growers Ass'n et al., v. Regan, et al., Nos. 22-1422, 22-1530
(8th Cir.). These commenters also specified concerns that sugarbeet
growers will suffer irreparable harm because the loss of chlorpyrifos
as a pest management tool will result in substantial increased costs,
lost profits, decreased crop yields, and a larger environmental impact
from more frequent use of less effective alternatives.
The comment from the private citizen specified concerns about
allowing the export of chlorpyrifos outside of the
[[Page 28544]]
United States as well as purchasing produce and foodstuffs that may
have been treated with substances that are prohibited from application
to food in the United States, like chlorpyrifos.
C. EPA Response to Comments
Regarding the comments submitted by the American Sugarbeet Growers
Association, U.S. Beet Sugar Association, and the Beet Sugar
Development Foundation, the cancellations and amendments requested by
the registrants listed in Table 3 are appropriate at this time because
registrants have a right under section 6(f)(1) of FIFRA to at any time
request that EPA cancel or amend their registrations to terminate one
or more uses. 7 U.S.C. 136d(f)(1)(A). The registrant may request
voluntary cancellation of a pesticide product registration at any time
for many reasons, including lack of interest in maintaining the
registration or the pesticide no longer being marketed.
EPA cannot compel registrants to maintain a registration
indefinitely if they request to voluntarily cancel it. The resolution
and timing of the litigation in the Eighth Circuit is unknown, and
therefore, retention of the registrations could subject registrants to
additional maintenance fees and responsibilities for those
registrations, for which the registrants requested cancellation or
amendment. See, e.g., 40 CFR part 152, subpart G (registrant
responsibilities); 7 U.S.C. 136a-1(i)(1) (maintenance fee obligations);
7 U.S.C. 136e (production reporting requirements); 7 U.S.C. 136f
(recordkeeping requirements).
Moreover, retention of these registrations will not make
chlorpyrifos products available for use as the commenters desire. EPA
issued a rule in the Federal Register revoking chlorpyrifos tolerances
on August 30, 2021 (86 FR 48315) (FRL-5993-04-OCSPP). Chlorpyrifos
tolerances expired six months later with the issuance of the Order
published in the Federal Register on February 28, 2022 (87 FR 11222)
(FRL-5993-05-OCSPP). The revocation of the tolerances means that
application of chlorpyrifos to food crops will result in adulterated
food which cannot be shipped in interstate commerce. While cancellation
of the 14 products in Table 1 and amendment of three products in Table
2 does not terminate the last of the chlorpyrifos products registered
in the United States, these products (and other remaining chlorpyrifos
products) cannot be applied to food crops that will be shipped in
interstate commerce.
Regarding the comment from the private citizen, EPA regulates both
the import and export of pesticides, but the Agency does not have
jurisdiction over the use of pesticides outside of the United States.
FIFRA Section 17(a) allows for the distribution of unregistered
pesticides produced solely for export, as long as certain conditions
are met (7 U.S.C. 136o(a)). Otherwise, all registered pesticides that
are exported to other countries must bear the product label approved by
EPA. For additional information on importing or exporting chlorpyrifos,
please consult EPA's web page on Importing and Exporting Pesticides at
<a href="https://www.epa.gov/pesticides/international-activities-related-pesticides">https://www.epa.gov/pesticides/international-activities-related-pesticides</a>.
Any pesticide residues in or on food that is imported into the
United States must be covered by a tolerance or exemption from the
requirement of a tolerance, just the same as any pesticide residues
applied to food in the United States. Since there are no current
tolerances for residues of chlorpyrifos in or on food, food containing
chlorpyrifos residues cannot be imported into the United States, unless
the chlorpyrifos residues on that food fall within the Channels of
Trade guidance for chlorpyrifos residues that the U.S. Food and Drug
Administration (FDA) released last year. This guidance is available at:
<a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-questions-and-answers-regarding-channels-trade-policy-human-food-commodities">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-questions-and-answers-regarding-channels-trade-policy-human-food-commodities</a>. FDA has stated in its channels of
trade policy that it intends to subject the importation of any food
bearing a residue (within the former tolerance) of a pesticide chemical
for which a tolerance has been revoked, suspended, or modified to the
same enforcement approach as for domestic food.
For the reasons above, EPA has determined that these comments do
not merit further review or a denial of the cancellations and
amendments described in Tables 1 and 2 of Unit I.
IV. The Cancellation Order
Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)(1)), EPA hereby
approves the requested cancellations and amendments of the
registrations identified in Table 1 and Table 2 of Unit I. Accordingly,
the Agency hereby orders that the product registrations identified in
Table 1 of Unit I. are cancelled.
The cancellations and amendments addressed in this Order are
effective May 4, 2023. Any distribution, sale, or use of existing
stocks of the products identified in Tables 1 and 2 of Unit I. in a
manner inconsistent with any of the provisions for disposition of
existing stocks set forth in Unit V. will be a violation of FIFRA.
V. What is the Agency's authority for taking these actions?
Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be cancelled or amended to terminate one or
more registered uses. FIFRA further provides that, before acting on the
request, EPA must publish a notice of receipt of any such request in
the Federal Register.
Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. Following the public comment period,
the EPA Administrator may approve such a request. The notice for this
action was published for comment in the Federal Register on December
13, 2022 (87 FR 76191) (FRL-10469-01-OCSPP). The 30-day public comment
period closed on January 12, 2023.
VI. 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.
Because all chlorpyrifos tolerances expired on February 28, 2022,
use of chlorpyrifos in or on food will result in adulterated food,
which cannot be delivered into interstate commerce. Such use would be
inconsistent with the provisions of FIFRA. EPA is allowing use of
existing stocks of chlorpyrifos products identified in Tables 1 and 2
until those existing stocks are exhausted, only for non-food uses
identified on the existing labels, as long as such use is consistent
with the label. All other use of existing stocks of these chlorpyrifos
products are prohibited.
None of the registrants listed in this order have requested any
continued sale of existing stocks of the registrations subject to this
cancellation order; however, Adama and Corteva have requested that EPA
allow for the return of existing stocks that are in the hands of end
users and distributors to the respective registrant. Because sale and
distribution of chlorpyrifos products for use on food is inconsistent
with the purposes of FIFRA, all sale and distribution of the
chlorpyrifos products identified in Table 1 and Table 2 of Unit
[[Page 28545]]
I. is prohibited, except for export consistent with FIFRA section 17 (7
U.S.C. 136o); for proper disposal; or consistent with the terms of the
individual return program agreements EPA has approved for Adama and
Corteva. The return program agreements were approved by the Agency on
April 19, 2023. Adama and Corteva were notified of the approval of
their return program agreements on April 20, 2023.
Additional information regarding chlorpyrifos return programs for
Adama and Corteva may be found in <a href="https://www.regulations.gov/docket/EPA-HQ-OPP-2021-0523">https://www.regulations.gov/docket/EPA-HQ-OPP-2021-0523</a> or by contacting the registrants at: Adama (866)
406-6262; <a href="/cdn-cgi/l/email-protection#b4dbc6d0d1c6d3c6dbc1c4f4d5d0d5d9d59ad7dbd9"><span class="__cf_email__" data-cfemail="a3ccd1c7c6d1c4d1ccd6d3e3c2c7c2cec28dc0ccce">[email protected]</span></a> and Corteva (800) 258-3033.
Dated: April 28, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2023-09396 Filed 5-3-23; 8:45 am]
BILLING CODE 6560-50-P
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