Notice2023-26438
Chlorpyrifos; Amendment to Existing Stocks Provisions of Chlorpyrifos Cancellation Order for Certain Chlorpyrifos Products
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Published
December 1, 2023
Issuing agencies
Environmental Protection Agency
Abstract
On August 31, 2022, EPA announced its final cancellation order for 16 chlorpyrifos products, voluntarily requested by the registrants and accepted by the Agency, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This notice amends the existing stocks terms of that cancellation order with respect to one product Liberty Chlorpyrifos 4E registered by Liberty Crop Protection, LLC, and its supplemental distributor product, Vesper, registered by Innvictis Crop Care, LLC (Innvictis).
Full Text
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<title>Federal Register, Volume 88 Issue 230 (Friday, December 1, 2023)</title>
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[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Page 83942]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26438]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0223; FRL-11548-01-OCSPP]
Chlorpyrifos; Amendment to Existing Stocks Provisions of
Chlorpyrifos Cancellation Order for Certain Chlorpyrifos Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: On August 31, 2022, EPA announced its final cancellation order
for 16 chlorpyrifos products, voluntarily requested by the registrants
and accepted by the Agency, pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). This notice amends the existing
stocks terms of that cancellation order with respect to one product
Liberty Chlorpyrifos 4E registered by Liberty Crop Protection, LLC, and
its supplemental distributor product, Vesper, registered by Innvictis
Crop Care, LLC (Innvictis).
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 (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#e5aab5b5a68d898a97959c978c838a96ac8b94908c978c8096a5809584cb828a93"><span class="__cf_email__" data-cfemail="b2fde2e2f1dadeddc0c2cbc0dbd4ddc1fbdcc3c7dbc0dbd7c1f2d7c2d39cd5ddc4">[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?
On August 31, 2022, EPA issued an order cancelling several
chlorpyrifos products, including Liberty Chlorpyrifos 4E (EPA Reg. No.
89168-24). See 87 FR 53471 (August 31, 2022) (FRL-10138-01-OCSPP). The
provisions for disposition of existing stocks laid out in Unit IV of
that cancellation order prohibited all sale, distribution, and use of
the cancelled chlorpyrifos products, ``except for export consistent
with FIFRA section 17, 7 U.S.C. 136o or for proper disposal.'' These
terms also apply to Vesper (EPA Reg. No. 89168-24-89391), which is a
supplemental distributor product of Liberty Chlorpyrifos 4E. See 40 CFR
152.132(e).
Since that time, Adama has developed a return program agreement
with EPA that facilitates the return of certain chlorpyrifos products
to Adama. See Cancellation Order for Certain Chlorpyrifos Uses and
Registrations, 88 FR 28541 (May 4, 2023) (FRL-10924-01-OCSPP). Adama
has requested that EPA allow them to accept returns of existing stocks
of Liberty Chlorpyrifos 4E (EPA Reg. No. 89168-24) and its supplemental
distributor product, Vesper (EPA Reg. No. 89168-24-89391). To allow for
the legal and orderly disposition of those products, EPA is amending
the August 31, 2022 cancellation order to allow distribution of Liberty
Chlorpyrifos 4E (EPA Reg. No. 89168-24), including its supplemental
distributor product Vesper (EPA Reg. No. 89168-24-89391), consistent
with the terms of Adama's revised return program agreement.
III. Provisions for Disposition of Existing Stocks and Returning
Products to Adama
Adama previously requested, and EPA approved, the return of
existing stocks of its own registrations that are in the hands of end
users and distributors. At this time, the Agency is also allowing Adama
to accept existing stocks of Liberty Chlorpyrifos 4E (EPA Reg. No.
89168-24) and Vesper (EPA Reg. No. 89168-24-89391). Existing stocks are
those stocks of registered pesticide products that were (and still are)
in the United States and packaged, labeled, and released for shipment
prior to August 31, 2022.
The Liberty Chlorpyrifos 4E product and the Vesper product are only
registered for use on food crops; therefore, use of existing stocks
continue to be prohibited. Moreover, because sale and distribution of
chlorpyrifos products for use on food and feed is inconsistent with the
purposes of FIFRA, all sale and distribution of the Liberty
Chlorpyrifos 4E product and the Vesper product discussed herein is
prohibited, except for export consistent with FIFRA section 17 (7
U.S.C. 136o); proper disposal; or distribution consistent with the
terms of the individual return program agreement EPA has approved for
Adama. Adama's revised return program agreement was approved by the
Agency on October 31, 2023. Adama was notified of the approval of their
return program agreements on October 31, 2023.
Additional information regarding the revised chlorpyrifos return
programs for Adama 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> and/or <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 registrants at Liberty and Innvictis
(208) 296-1503 and Adama (866) 406-6262; <a href="/cdn-cgi/l/email-protection#2748554342554055485257674643464a460944484a"><span class="__cf_email__" data-cfemail="600f1204051207120f1510200104010d014e030f0d">[email protected]</span></a>.
Dated: November 8, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2023-26438 Filed 11-30-23; 8:45 am]
BILLING CODE 6560-50-P
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