Notice2024-05594
Chlorpyrifos; Amendment to Existing Stocks Provisions in Adama Product Cancellation Orders
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
March 15, 2024
Issuing agencies
Environmental Protection Agency
Abstract
On May 4, 2023 and November 6, 2023, EPA issued final cancellation orders terminating food uses for three products, which were voluntarily requested by Adama and accepted by the Agency, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Agency is issuing this notice to amend the existing stocks provisions in the May 4, and November 6, 2023 orders, for the products listed in this document.
Full Text
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<title>Federal Register, Volume 89 Issue 52 (Friday, March 15, 2024)</title>
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[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Notices]
[Pages 18936-18937]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05594]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0223; FRL-11801-01-OCSPP]
Chlorpyrifos; Amendment to Existing Stocks Provisions in Adama
Product Cancellation Orders
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: On May 4, 2023 and November 6, 2023, EPA issued final
cancellation orders terminating food uses for three products, which
were voluntarily requested by Adama and accepted by the Agency,
pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA). The Agency is issuing this notice to amend the existing stocks
provisions in the May 4, and November 6, 2023 orders, 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 (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#cf809f9f8ca7a3a0bdbfb6bda6a9a0bc86a1bebaa6bda6aabc8faabfaee1a8a0b9"><span class="__cf_email__" data-cfemail="6d223d3d2e0501021f1d141f040b021e24031c18041f04081e2d081d0c430a021b">[email protected]</span></a>.
[[Page 18937]]
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?
In its May 4, 2023 Cancellation Order for Certain Chlorpyrifos
Registrations and Uses, EPA granted Adama's request to terminate food
uses and the tobacco use on its three chlorpyrifos products. 88 FR
28541. That order noted that all chlorpyrifos tolerances had been
revoked, and thus all use on food, sale, and distribution of existing
stocks for the products identified in that order were inconsistent with
the purposes of FIFRA, with the following exceptions. Use was permitted
for non-food uses consistent with labeling, and existing stocks were
permitted to be sold and distributed for export, proper disposal, or in
accordance with return agreements approved by EPA.
In addition, on November 6, 2023, EPA granted Adama's request to
terminate the food processing and food manufacturing site uses on those
same three chlorpyrifos products. See Final Cancellation Order for
Certain Chlorpyrifos Registrations and Uses, 88 FR 76213 (Nov. 6,
2023). That order contained existing stocks provisions that were
similar to the provisions in the May 4, 2023 order.
Subsequent to the issuance of the May 4, 2023 and November 6, 2023
cancellation orders, the U.S. Court of Appeals for the Eighth Circuit
vacated EPA's rule revoking all tolerances. (Red River Valley Sugarbeet
Growers Associations, et al. v. Regan, 85 F.4th 881 (8th Cir. 2023). On
February 5, 2024, EPA issued a Federal Register notice to amend the
Code of Federal Regulations to reflect the court's reinstatement of
those tolerances. 89 FR 7625. At this time, all the chlorpyrifos
tolerances have been reinstated and are currently in effect. See 40 CFR
180.342. Adama requested amendments to the cancellation orders
governing disposition of their existing stocks to allow for sale,
distribution, and use.
Because the reinstatement of the chlorpyrifos tolerances means that
chlorpyrifos products can be used in accordance with their labeling
without concern for adulterated food, EPA is amending the cancellation
orders to update the existing stocks language for the following Adama
products:
<bullet> Pyrinex Chlorpyrifos Insecticide (EPA Reg. No. 11678-58).
<bullet> Chlorpyrifos 4E AG (alternate brand name Quali-Pro
Chlorpyrifos 4E) (EPA Reg. No. 66222-19).
<bullet> Vulcan (EPA Reg. No. 66222-223).
The registrant for all three of the listed products is Adama US,
and its address is 3120 Highwoods Boulevard, Suite 100, Raleigh, NC
27604.
III. Provisions for Disposition of Existing Stocks
Existing stocks for the products identified in this document 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 May 4, 2023 (for termination of food uses and tobacco
use) and prior to November 6, 2023 (for termination of food processing
and food manufacturing uses).
At this time, EPA is amending the existing stocks provisions in the
May 4 and November 6 cancellation orders as follows:
<bullet> Sale and distribution of existing stocks of Pyrinex
Chlorpyrifos Insecticide (EPA Reg. No. 11678-58) is permitted until
June 30, 2024.
<bullet> Sale and distribution of existing stocks of Chlorpyrifos
4E AG and Quali-Pro Chlorpyrifos 4E (EPA Reg. No. 66222-19) and Vulcan
(EPA Reg. Nos. 66222-233) is permitted until April 30, 2025.
<bullet> Use of existing stocks of Chlorpyrifos 4E AG, Quali-Pro
Chlorpyrifos 4E, and Vulcan on food, food processing sites, and food
manufacturing sites must be consistent with the product labeling. Such
use is permitted until June 30, 2025. Use of existing stocks
Chlorpyrifos 4E AG, Quali-Pro Chlorpyrifos 4E, and Vulcan for non-food
purposes is permitted until existing stocks are exhausted, as long as
such use is in accordance with the labeling.
After these dates, all respective sale, distribution, and use of
existing stocks is prohibited, except for sale and distribution for
export consistent with FIFRA section 17 (7 U.S.C. 136o) and for proper
disposal.
Dated: March 11, 2024.
Timothy Kiely,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2024-05594 Filed 3-14-24; 8:45 am]
BILLING CODE 6560-50-P
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