Notice2023-24462
Final Cancellation Order for Certain Chlorpyrifos Registrations and Uses
Primary source
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Published
November 6, 2023
Effective
November 6, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) hereby announces its final cancellation order for the cancellations and amendments to terminate uses voluntarily requested by the registrants and accepted by the Agency, of the products in Table 1 and Table 2 of Unit II, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This final cancellation order follows a May 3, 2023, Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II, to voluntarily cancel or amend these product registrations. In the May 3, 2023, notice, EPA indicated that it would issue a final order implementing the cancellations and amendments, unless the Agency received substantive comments within the 30-day comment period that would merit further review of these requests, or unless the registrants withdrew their requests. The Agency received two comments on the notice, 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 to terminate uses as 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 213 (Monday, November 6, 2023)</title>
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[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76213-76216]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24462]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0223; FRL-11467-01-OCSPP]
Final 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 to
terminate uses voluntarily requested by the registrants and accepted by
the Agency, of the products in Table 1 and Table 2 of Unit II, pursuant
to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
This final cancellation order follows a May 3, 2023, Federal Register
Notice of Receipt of Requests from the registrants listed in Table 3 of
Unit II, to voluntarily cancel or amend these product registrations. In
the May 3, 2023, notice, EPA indicated that it would issue a final
order implementing the cancellations and amendments, unless the Agency
received substantive comments within the 30-day comment period that
would merit further review of these requests, or unless the registrants
withdrew their requests. The Agency received two comments on the
notice, 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 to terminate uses as 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 November 6, 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#5e110e0e1d3632312c2e272c3738312d17302f2b372c373b2d1e3b2e3f70393128"><span class="__cf_email__" data-cfemail="632c3333200b0f0c11131a110a050c102a0d12160a110a0610230613024d040c15">[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. Please review the additional
information about the docket available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
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.
[[Page 76214]]
Table 1--Product Cancellations
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EPA registration No. Company No. Product name Active ingredients
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228-620............................... 228 Nufarm Chlorpyrifos SPC 2.32% Chlorpyrifos.
G Insecticide.
228-621............................... 228 Nufarm Chlorpyrifos SPC 1.0% Chlorpyrifos.
MCB Insecticide.
228-624............................... 228 Nufarm Chlorpyrifos SPC 4 Chlorpyrifos.
Insecticide.
228-625............................... 228 Nufarm Chlorpyrifos SPC 2 Chlorpyrifos.
Insecticide.
53883-394............................. 53883 CSI 16-150 Chlorpyrifos 42.... Chlorpyrifos.
53883-407............................. 53883 CSI 16-149 Chlorpyrifos 20.... Chlorpyrifos.
84229-25.............................. 84229 Chlorpyrifos 4E AG............ Chlorpyrifos.
84229-26.............................. 84229 Chlorpyrifos 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 processing plants.
Insecticide.
66222-19.............................. 66222 Chlorpyrifos 4E AG....... Food processing and food
manufacturing sites.
66222-233............................. 66222 Vulcan................... Food processing and food
manufacturing sites.
85724-10.............................. 85724 Akofos 48 EC............. Food uses: Alfalfa, apple
(including apple tree
trunk), asparagus, cherries,
citrus fruits (calamondin,
chironja, citrus citron,
citrus hybrids, grapefruit,
kumquat, lemons, limes,
mandarin (tangerine),
oranges, pummelo, satsuma
mandarin, tangelo, tangor,
and other citrus fruit,
small transplanted
grapefruit, orange, and
other citrus trees), corn,
cotton, cranberries, figs,
grapes, legume vegetables
(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, English 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, peanuts,
pears, sorghum grain (milo),
soybeans, strawberries,
sugar beets, sunflowers,
sweet potatoes, tree fruits
(apples, pears, plums,
prunes, peaches,
nectarines), tree nuts
(almonds, filberts, pecans,
walnuts), vegetables
(rutabaga, broccoli,
Brussels sprout, cabbage,
cauliflower, Chinese
cabbage, collards, kale,
kohlrabi, turnips,
radishes), wheat, and food
processing plants.
Nonfood uses: Tobacco.
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Table 3--Registrants Requesting Voluntary Cancellation or Termination of
Uses
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EPA company No. Company name and address
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228............................ NuFarm, 4020 Aerial Center Pkwy., Suite
101, Morrisville, NC 27560.
11678.......................... ADAMA US, 3120 Highwoods Boulevard,
Suite 100, Raleigh, NC 27604.
53883.......................... Control Solutions, Inc., 5903 Genoa Red
Bluffs Road, Pasadena, TX 77507.
66222.......................... ADAMA US, 3120 Highwoods Boulevard,
Suite 100, Raleigh, NC 27604.
84229.......................... Tide International USA, Inc., Agent
Name: Pyxis Regulatory Consulting,
INC., 4110 136TH Street CT NW, Gig
Harbor, WA 98332.
85724.......................... AAKO B.V., c/o Ceres International LLC,
1087 Heartsease Drive, West Chester,
PA 19382.
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III. Public Comments
A. Brief History
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 they were not safe (the ``Final Rule''). 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 a stay 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 the Final Rule and requests for
hearing on those objections, as well as requests for stay of the Final
Rule (the ``Denial Order'').
Since the objections process did not result in any changes to the
Final Rule, chlorpyrifos tolerances expired on February 28, 2022, under
the terms of 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 registered
chlorpyrifos products or
[[Page 76215]]
amend their chlorpyrifos pesticide products to remove food uses. The
registrants identified in Table 3 of Unit II, among others, submitted
such requests. Notice of EPA's receipt of these requests was published
for comment in the Federal Register on May 3, 2023 (``Notice of
Receipt''). The 30-day public comment period closed on June 2, 2023.
B. Summary of Comments Received
During the public comment period, EPA received two comments in
response to the Notice of Receipt. 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
anonymously by a private citizen generally supporting the cancellation
of the pesticide.
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 Notice of
Receipt. 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 Denial Order in the U.S. 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 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.
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
section 6(f)(1) of FIFRA allows registrants to submit, at any time, a
request that EPA cancel their registrations or amend their
registrations to terminate one or more uses. 7 U.S.C. 136d(f)(1)(A). A
registrant may have a variety of reasons for requesting voluntary
cancellation of a pesticide product registration at any time,
including, for example, lack of interest in maintaining the
registration, market conditions, costs of maintaining the registration,
or the pesticide no longer being marketed.
EPA cannot compel registrants to maintain registrations if they
request to voluntarily cancel them. The resolution and timing of the
litigation in the Eighth Circuit is still unknown, and therefore,
retention of the registrations could subject registrants to additional
maintenance fees and responsibilities for those registrations 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 on sugarbeets as the commenters
desire. As noted in Unit III.A. above, all tolerances for residues of
chlorpyrifos have been revoked. The revocation of the tolerances means
that application of chlorpyrifos to food or feed crops, including
sugarbeets, will result in adulterated food and/or feed which cannot be
shipped in interstate commerce. While cancellation of the eight
products in Table 1 and amendment of four 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.
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 to terminate uses
of the registrations identified in Table 1 and Table 2 of Unit II.
Accordingly, the Agency hereby orders that the product registrations
identified in Table 1 of Unit II are cancelled and the uses identified
on the products listed in Table 2 of Unit II are terminated.
The cancellations and amendments addressed in this Order are
effective November 6, 2023. Any distribution, sale, or use of existing
stocks of the products identified in Tables 1 and 2 of Unit II 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. Section 6(f)(1)(B) of FIFRA (7 U.S.C.
136d(f)(1)(B)) further provides that, before acting on the request for
voluntary cancellation or amendment, EPA must publish a notice of
receipt of any such request in the Federal Register and 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 May 3, 2023 (88 FR
27882) (FRL-10923-01-OCSPP). The 30-day public comment period closed on
June 2, 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 existing
stocks of chlorpyrifos products identified in Tables 1 and 2 that are
already in the hands of end-users to be used only for non-food uses
identified on the existing labels, until those existing stocks are
exhausted, as long as such use is consistent with the label. All other
use of existing stocks of these chlorpyrifos products are prohibited.
Because sale and distribution of chlorpyrifos products bearing
labeling 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 II. is prohibited with the following
exceptions:
1. Existing stocks of all products listed in Tables 1 and 2 may be
sold or distributed for export consistent with FIFRA section 17 (7
U.S.C. 136o) and for proper disposal.
2. Since the issuance of the May 3, 2023, Notice, EPA has realized
that some of the products listed in Table 1 do not bear any labeling
for use on food.
[[Page 76216]]
Accordingly, existing stocks of those products, which are listed below,
may be sold or distributed for one year after the date of this
cancellation order:
<bullet> Nufarm Chlorpyrifos SPC 2.32% G Insecticide (EPA Reg. No.
228-620).
<bullet> Nufarm Chlorpyrifos SPC 1.0% MCB Insecticide (EPA Reg. No.
228-621).
<bullet> Nufarm Chlorpyrifos SPC 4 Insecticide (EPA Reg. No. 228-
624).
<bullet> Nufarm Chlorpyrifos SPC 2 Insecticide (EPA Reg. No. 228-
625).
3. Existing stocks of the following products may be distributed
consistent with the Control Solutions, Inc. (``CSI'') return program
agreement that EPA approved on October 12, 2023.
<bullet> CSI 16-150 Chlorpyrifos 42 (EPA Reg. No. 53883-394).
<bullet> CSI 16-149 Chlorpyrifos 20 (EPA Reg. No. 53883-407).
<bullet> Quali-Pro Chlorpyrifos 4E (EPA Reg. No. 66222-19). Quali-
Pro Chlorpyrifos 4E is an alternate brand name for Chlorpyrifos 4E AG
(EPA Reg. No. 66222-19).
EPA notified CSI of the approval of their return program agreement
on October 12, 2023.
This cancellation order also amends the cancellation order
published in the Federal Register on May 4, 2023 (88 FR 28541) (FRL-
10924-01-OCSPP) by clarifying that any products with the EPA Reg. No.
66222-19 and bearing the alternate brand name of Quali-Pro Chlorpyrifos
4E may be distributed to CSI pursuant to the CSI return program
agreement referenced above. Products with the EPA Reg. No. 66222-19 and
bearing the primary brand name of Chlorpyrifos 4E AG may continue to be
returned to Adama as per the return program agreement approved by EPA
on April 19, 2023, under the terms of the May 4 cancellation order.
Additional information regarding the chlorpyrifos return program
for Control Solutions, Inc. may be found in <a href="https://www.regulations.gov/docket/EPA-HQ-OPP-2022-0223">https://www.regulations.gov/docket/EPA-HQ-OPP-2022-0223</a> or by contacting the
registrant at: Control Solutions, Inc. (800) 242-5562 or email: <a href="/cdn-cgi/l/email-protection#b4d7c7dd99d7c1c7c0dbd9d1c699c7d1c6c2ddd7d1f4d7dbdac0c6dbd8c7dbd8c1c0dddbdac7dddad79ad7dbd9"><span class="__cf_email__" data-cfemail="402333296d233533342f2d25326d3325323629232500232f2e34322f2c332f2c3534292f2e33292e236e232f2d">[email protected]</span></a>.
Dated: October 26, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2023-24462 Filed 11-3-23; 8:45 am]
BILLING CODE 6560-50-P
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