Notice2023-12354
Chlorpyrifos; Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses
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Published
June 9, 2023
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel registrations of certain products containing the pesticide chlorpyrifos and to amend their chlorpyrifos registrations to terminate one or more uses. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit further review of the requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of the products listed in this notice after the registrations have been cancelled or the uses terminated would need to be consistent with the terms as described in the final order.
Full Text
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<title>Federal Register, Volume 88 Issue 111 (Friday, June 9, 2023)</title>
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[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37875-37877]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12354]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0223; FRL-11017-01-OCSPP]
Chlorpyrifos; Notice of Receipt of Requests To Voluntarily Cancel
Certain Pesticide Registrations and Amend Registrations To Terminate
Certain Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In accordance with the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by registrants to voluntarily cancel registrations of certain products
containing the pesticide chlorpyrifos and to amend their chlorpyrifos
registrations to terminate one or more uses. EPA intends to grant these
requests at the close of the comment period for this announcement
unless the Agency receives substantive comments within the comment
period that would merit further review of the requests, or unless the
registrants withdraw their requests. If these requests are granted, any
sale, distribution, or use of the products listed in this notice after
the registrations have been cancelled or the uses terminated would need
to be consistent with the terms as described in the final order.
DATES: Comments must be received on or before December 6, 2023.
ADDRESSES: 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>. 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 the latest status
information on EPA/DC services and docket access, visit <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
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#1e514e4e5d7672716c6e676c7778716d57706f6b776c777b6d5e7b6e7f30797168"><span class="__cf_email__" data-cfemail="47081717042f2b2835373e352e2128340e2936322e352e22340722372669202831">[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. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
<a href="https://www.regulations.gov">https://www.regulations.gov</a> or email. If you wish to include CBI in
your comment, please follow the applicable instructions at <a href="https://www.epa.gov/dockets/commenting-epa-dockets#rules">https://www.epa.gov/dockets/commenting-epa-dockets#rules</a> and clearly mark the
part or all of the information that you claim to be CBI. In addition to
one complete version of the comment that includes information claimed
as CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
II. What action is the Agency taking?
This notice announces receipt by the Agency of requests from
registrants to cancel certain pesticide product registrations and
terminate certain uses of product registrations. The affected
registrations are listed in sequence by registration number in Table 1
and Table 2 of this unit. Table 3 of this unit includes the names and
addresses of record for the registrants of the products listed in Table
1 and Table 2 of this Unit, in sequence by EPA company number. This
company number corresponds to the first part of the EPA registration
numbers of the products listed in Table 1 and Table 2 of this unit.
Unless the Agency determines that there are substantive comments
that warrant further review of the requests or the registrants withdraw
their requests, EPA intends to issue a final order in the Federal
Register terminating the affected uses and cancelling the affected
registrations.
[[Page 37876]]
Table 1--Chlorpyrifos Registrations With Pending Requests for Termination of Use
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Registration No. Product name Company Uses to be deleted
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93182-3.................... Chlorpyrifos Technical Gharda Chemicals Alfalfa (except in AZ, CO, IA, ID,
International, Inc. IL, KS, MI, MN, MO, MT, ND, NE, NM,
NV, OK, OR, SD, TX, UT, WA, WI,
WY), banana, blueberry, caneberry,
cherimoya, citrus fruits (except in
AL, FL, GA, NC, SC, TX), corn,
cotton (except in AL, FL, GA, NC,
SC, VA), cranberries, cucumber,
date, feijoa, figs, grapes,
kiwifruit, leek, legume vegetables
(except soybean), mint, onions (dry
bulb), pea, peanuts, pepper,
pumpkin, sweet potatoes, sugarcane,
sorghum, soybeans (except in AL,
CO, FL, GA, IA, IL, IN, KS, KY, MN,
MO, MT, NC, ND, NE, NM, OH, OK, PA,
SC, SD, TN, TX, VA, WI, WV, WY),
sunflowers, sugar beets (except in
IA, ID, IL, MI, MN, ND, OR, WA,
WI), strawberries (except in OR),
tree fruit (apples (except in AL,
DC, DE, GA, ID, IN, KY, MD, MI, NJ,
NY, OH, OR, PA, TN, VA, VT, WA,
WV), cherries (except tart cherries
in MI), peaches (except in AL, DC,
DE, FL, GA, MD, MI, NC, NJ, NY, OH,
PA, SC, TX, VA, VT, WV) and
nectarines), pears, plums/prunes,
tree nuts (almonds, filberts,
pecans and walnuts), vegetables
(cauliflower, broccoli, Brussels
sprouts, cabbage, collards, kale,
kohlrabi, turnips, radishes, and
rutabagas), and wheat (except
spring wheat in CO, KS, MO, MT, ND,
NE, SD, WY and winter wheat in CO,
IA, KS, MN, MO, MT, ND, NE, OK, SD,
TX, WY).
93182-7.................... Pilot 4E Chlorpyrifos Gharda Chemicals Alfalfa (except in AZ, CO, IA, ID,
Agricultural International, Inc. IL, KS, MI, MN, MO, MT, ND, NE, NM,
Insecticide. NV, OK, OR, SD, TX, UT, WA, WI,
WY), apple (except in AL, DC, DE,
GA, ID, IN, KY, MD, MI, NJ, NY, OH,
OR, PA, TN, VA, VT, WA, WV),
asparagus, brassica (cole) leafy
vegetables, broccoli, broccoli
rabe, Brussels sprouts, cabbage,
cauliflower, cavalo broccoli,
Chinese broccoli, Chinese cabbage,
collards, kale, kohlrabi, mizuna,
mustard greens, mustard spinach,
rape greens, radish, rutabaga,
turnip, citrus fruits and citrus
orchard floors (except in AL, FL,
GA, NC, SC, TX), corn (field corn
and sweet corn, including corn
grown for seed), cotton (except in
AL, FL, GA, NC, SC, VA),
cranberries, figs, grape, legume
vegetables (succulent or dried,
adzuki bean, asparagus bean, bean,
blackeyed pea, broad bean (dry and
succulent), catjang, chickpea,
Chinese longbean, cowpea, crowder
pea, dwarf bean, 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 (dry and green), 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,
tepary bean, urd bean, white lupin,
white sweet lupin, yardlong bean),
onions (dry bulb), peanut, pear,
peppermint and spearmint, sorghum--
grain sorghum (milo), soybean
(except in AL, CO, FL, GA, IA, IL,
IN, KS, KY, MN, MO, MT, NC, ND, NE,
NM, OH, OK, PA, SC, SD, TN, TX, VA,
WI, WV, WY), strawberry (except in
OR), sugar beet (except in IA, ID,
IL, MI, MN, ND, OR, WA, WI),
sunflower, sweet potato, almond,
walnut (dormant/delayed dormant
sprays), tree fruits (except apple,
peaches, and cherries) and almond,
tree nuts (foliar sprays), tree nut
orchard floors, wheat (except
spring wheat in CO, KS, MO, MT, ND,
NE, SD, WY and winter wheat in CO,
IA, KS, MN, MO, MT, ND, NE, OK, SD,
TX, WY), cherries (except tart
cherries in MI), nectarine, plum,
prune, peaches (except in AL, DC,
DE, FL, GA, MD, MI, NC, NJ, NY, OH,
PA, SC, TX, VA, VT, WV).
93182-8.................... Pilot 15G Chlorpyrifos Gharda Chemicals Citrus and citrus orchard floors
Agricultural International, Inc. (except in AL, FL, GA, NC, SC, TX),
Insecticide. Cole crops (Brassica) leafy
vegetables: (Bok choy, broccoli,
Brussels sprouts, cabbage, Chinese
cabbage, cauliflower, collards,
kale, kohlrabi, broccoli rabe,
Chinese broccoli), onions (dry
bulb), radishes, rutabagas, sweet
potatoes, corn, alfalfa (except in
AZ, CO, IA, ID, IL, KS, MI, MN, MO,
MT, ND, NE, NM, NV, OK, OR, SD, TX,
UT, WA, WI, WY), sorghum--grain
sorghum (milo), soybeans (except in
AL, CO, FL, GA, IA, IL, IN, KS, KY,
MN, MO, MT, NC, ND, NE, NM, OH, OK,
PA, SC, SD, TN, TX, VA, WI, WV,
WY), peanuts, sugar beets (except
in IA, ID, IL, MI, MN, ND, OR, WA,
WI), turnips, and sunflowers.
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Table 2--Chlorpyrifos Product Registration With Pending Request for
Cancellation
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Active
Registration No. Company No. Product name ingredients
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62719-72............. 62719 Dursban 50W in Chlorpyrifos.
Water Soluble
Packets.
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[[Page 37877]]
Table 3--Registrants Requesting Voluntary Cancellation and/or
Termination of Uses
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EPA company No. Company name and address
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62719..................... Corteva Agriscience, LLC, 9330 Zionsville
Rd., Indianapolis, IN 46268.
93182..................... Gharda Chemicals International, Inc., 4032
Crockers Lake Blvd., Suite 818, Sarasota,
FL 34238.
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III. What is the Agency's authority for taking these actions?
FIFRA section 6(f)(1) (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.
FIFRA section 6(f)(1)(B) (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. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
1. The registrants request a waiver of the comment period, or
2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
EPA is exercising its discretion not to waive the 180-day comment
period. No waiver requests have been made by the registrants listed in
Table 3, in which case, EPA would typically provide the 180-day comment
period. In this instance, while there is a concern for food uses
remaining registered in the absence of tolerances, the products
identified in this document cannot be used on food--for the products
identified in Table 1, tolerances have been revoked, which means that
any use of the products in Table 1 on food would render the food
adulterated; the product in Table 2 is not registered for use on food.
Moreover, there is an ongoing proceeding to cancel the products
identified in Table 1 under FIFRA section 6(b) (7 U.S.C. 136d(b)).
Therefore, EPA is providing a 180-day comment period.
IV. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for cancellation or
use termination/deletion should submit such withdrawal in writing to
the person listed under FOR FURTHER INFORMATION CONTACT. If the
products have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.
V. 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.
If the requests for voluntary cancellation and amendments to
terminate uses are granted, the Agency intends to publish a final
cancellation order in the Federal Register. In any order issued in
response to these requests for cancellation of product registrations
and for amendments to terminate uses, EPA proposes to include the
following provisions for the treatment of any existing stocks of the
products listed in Tables 1 and 2 of Unit II.
A. Products Listed in Table 1 of Unit II
If EPA grants the registrant's request to terminate uses for the
products listed in Table 1 of Unit II, the existing stocks of those
products will continue to bear labeling for use on food and non-food
use sites. 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 FIFRA; therefore, EPA will prohibit any use
of existing stocks for use on food, including the food uses that the
registrant seeks to retain. Use of existing stocks of chlorpyrifos
products identified in Table 1 of Unit II will be permitted only for
non-food uses identified on the existing labels, as long as such use is
consistent with the label.
EPA intends to prohibit all sale and distribution of existing
stocks of the chlorpyrifos products identified in Table 1 of Unit II
because those products would continue to bear labeling allowing use on
food, for which there are no tolerances, except for export consistent
with FIFRA section 17 (7 U.S.C. 136o), or for proper disposal in
accordance with state regulations. In addition, if EPA and Gharda
develop an agreement for return of Gharda's products, EPA intends to
include in the final cancellation order terms allowing for distribution
consistent with that return program.
B. Product Listed in Table 2 of Unit II
The product listed in Table 2 of Unit II bears labeling only for
non-food use. At this time, EPA has identified no significant potential
risk concerns associated with the product identified in Table 2 of Unit
II. Therefore, EPA intends to allow Corteva to sell and distribute
existing stocks of that product for one year after publication of the
cancellation order. Thereafter, Corteva will be prohibited from selling
and distributing existing stocks of the product, except for export
consistent with FIFRA section 17 (7 U.S.C. 136o), or for proper
disposal in accordance with state regulations.
Persons other than Corteva 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
cancelled products.
Authority: 7 U.S.C. 136 et seq.
Dated: June 5, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2023-12354 Filed 6-8-23; 8:45 am]
BILLING CODE 6560-50-P
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