Notice2024-07078
Chlorpyrifos; Notice of Receipt of Request To Cancel Certain Pesticide Registrations and Amend Registrations To Terminate/Amend Certain Uses
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Published
April 3, 2024
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 request by the registrants in Table 3 of Unit II to voluntarily cancel registrations of certain products containing the pesticide chlorpyrifos or to amend their chlorpyrifos registrations to terminate/delete 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 its further review of the requests or if the registrants withdraw their request to cancel these uses or products. 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 have been terminated would need to be consistent with the terms as described in the final cancellation order.
Full Text
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<title>Federal Register, Volume 89 Issue 65 (Wednesday, April 3, 2024)</title>
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[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 23011-23013]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07078]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0223; FRL-11828-01-OCSPP]
Chlorpyrifos; Notice of Receipt of Request To Cancel Certain
Pesticide Registrations and Amend Registrations To Terminate/Amend
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 request
by the registrants in Table 3 of Unit II to voluntarily cancel
registrations of certain products containing the pesticide chlorpyrifos
or to amend their chlorpyrifos registrations to terminate/delete 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 its
further review of the requests or if the registrants withdraw their
request to cancel these uses or products. 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 have
been terminated would need to be consistent with the terms as described
in the final cancellation order.
DATES: Comments must be received on or before May 3, 2024.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2022-0223, is available at
https://
[[Page 23012]]
www.regulations.gov. Additional instructions on visiting the docket,
along with more information about dockets generally, are 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#501f000013383c3f2220292239363f23193e21253922393523103520317e373f26"><span class="__cf_email__" data-cfemail="490619190a2125263b39303b202f263a0027383c203b202c3a092c3928672e263f">[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">https://www.regulations</a>.gov or email. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI, and then identify electronically within the disk or CD-ROM the
specific information that is claimed as 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 the
registrants in Table 3 of Unit II to cancel certain pesticide products
or amend registrations by terminating certain uses registered under
FIFRA section 3 (7 U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)). These
registrations are listed in sequence by registration number 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 an order in the Federal Register
canceling registrations and terminating uses as requested.
Table 1--Chlorpyrifos Product Registrations With Pending Requests for Termination of Specific Uses
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Registration No. Product name Company Uses to be terminated
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81964-21................... Chlorpyrifos 61.5% MUP Chemstarr, LLC....... Food processing plants (food and non-
food areas).
84229-20................... Chlorpyrifos 4 EC..... Tide International... Food uses: Alfalfa, apple tree
trunk, asparagus. Brassica (Cole)
leafy vegetables: Radish, rutabaga,
turnip; cauliflower; broccoli,
Brussels sprout, cabbage, Chinese
cabbage, collards, kale, kohlrabi;
citrus; calamondin, chironja,
citrus citron, citrus hybrids,
grapefruit, kumquat, lemon, lime,
mandarin (tangerine), pummelo,
Satsuma mandarin, sour orange,
sweet orange, tangelo, tangor; corn
(field and sweet); cotton;
cranberry; legume vegetable: Adzuki
bean, bean, blackeyed pea, broad
bean (dry and succulent), catjang,
chickpea, cowpea, crowder pea,
English pea, field bean, field pea,
garden pea, grain lupin, green pea,
guar, lima bean (dry and green),
kidney bean, lablab bean, lentil,
moth bean, mung bean, navy bean,
pea, pigeon pea, pinto bean, rice
bean, southern pea, sweet lupin,
tepary bean, urd bean, white lupin,
white sweet lupin; onion (dry
bulb); peanut; peppermint; sorghum
(grain sorghum (milo)); soybean;
spearmint; sugarbeet; sunflower;
sweet potato; tree fruits: cherry,
nectarine, peach, pear, plum, and
prune; tree nuts: almonds, filbert,
pecan and walnut; and wheat.
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Table 2--Chlorpyrifos Product Registrations With Pending Requests for
Cancellation
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Active
EPA Registration No. Product name Company ingredients
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89459-72............. Equil Central Garden Chlorpyrifos.
Chlorpyrifos & Pet.
ULV 1.
89459-73............. Equil Central Garden Chlorpyrifos.
Chlorpyrifos & Pet.
ULV 2.
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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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81964..................... Chemstarr, LLC, Agent Name: Pyxis Regulatory
Consulting, Inc., 4110 136th Street Ct. NW,
Gig Harbor, WA 98332.
84229..................... Tide International USA, Inc., Agent Name:
Pyxis Regulatory Consulting, Inc., 4110
136th Street Ct. NW, Gig Harbor, WA 98332.
89459..................... Central Garden & Pet, 1501 E Woodfield Rd.,
Suite 200W, Schaumburg, IL 60173.
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[[Page 23013]]
III. 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 canceled or to cancel registered uses
for a pesticide. 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. 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 registrant requests 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.
The registrants in Table 3 of Unit II have requested that EPA waive
the 180-day comment period. Accordingly, EPA is providing a 30-day
comment period on the proposed requests.
IV. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for cancellation
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 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 that order, 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.
Upon cancellation of the products identified in Table 2 of Unit II,
the sale and distribution of these products will be prohibited, except
for export consistent with FIFRA section 17 or for proper disposal. Use
of existing stocks would be permitted until exhausted.
EPA is proposing to allow use of existing stocks of chlorpyrifos
products identified in Table 1 of Unit II as follows: The sale and
distribution of existing stocks would be permitted through April 30,
2025. After that date, products identified in Table 1 would not be
allowed to be sold or distributed, unless none of the terminated uses
appears on the product's labeling.
Use of existing stocks would be permitted through June 30, 2025.
After that date, products identified in Table 1 would be allowed to be
used only for non-food uses to the extent permitted by the label.
Authority: 7 U.S.C. 136 et seq.
Dated: March 29, 2024.
Timothy Kiely,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2024-07078 Filed 4-2-24; 8:45 am]
BILLING CODE 6560-50-P
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