Notice2024-13349
Chlorpyrifos; Amendment to Existing Stocks Provisions in Winfield and Liberty Product Cancellation Orders
Primary source
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Published
June 18, 2024
Issuing agencies
Environmental Protection Agency
Abstract
On August 31, 2022, EPA issued a final order cancelling several products, including those voluntarily requested by Liberty Crop Protection, LLC (Liberty) and accepted by the Agency, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On May 4, 2023, EPA issued a final cancellation order including three products voluntarily requested by Winfield Solutions, LLC (Winfield) and accepted by the Agency. The Agency is issuing this notice to amend the existing stocks provisions in the August 31, 2022 and May 4, 2023 orders, for the products listed in this document.
Full Text
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<title>Federal Register, Volume 89 Issue 118 (Tuesday, June 18, 2024)</title>
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[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51521-51522]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13349]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0223; FRL-11987-01-OCSPP]
Chlorpyrifos; Amendment to Existing Stocks Provisions in Winfield
and Liberty Product Cancellation Orders
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: On August 31, 2022, EPA issued a final order cancelling
several products, including those voluntarily requested by Liberty Crop
Protection, LLC (Liberty) and accepted by the Agency, pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On May 4,
2023, EPA issued a final cancellation order including three products
voluntarily requested by Winfield Solutions, LLC (Winfield) and
accepted by the Agency. The Agency is issuing this notice to amend the
existing stocks provisions in the August 31, 2022 and May 4, 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#a2edf2f2e1cacecdd0d2dbd0cbc4cdd1ebccd3d7cbd0cbc7d1e2c7d2c38cc5cdd4"><span class="__cf_email__" data-cfemail="90dfc0c0d3f8fcffe2e0e9e2f9f6ffe3d9fee1e5f9e2f9f5e3d0f5e0f1bef7ffe6">[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?
In the August 31, 2022 Cancellation Order for Certain Chlorpyrifos
Registrations (87 FR 53471) (FRL-10138-01-OCSPP), EPA granted Liberty's
request to cancel its three chlorpyrifos products. In the May 4, 2023
Cancellation Order for Certain Chlorpyrifos Registrations and Uses (88
FR 28541) (FRL-10924-01-OCSPP). EPA granted Winfield's request to
cancel three chlorpyrifos products. Both of these orders 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 some
exceptions. The May 4, 2023 order allowed for distribution of existing
stocks consistent with return agreements approved by EPA. Both orders
permitted existing stocks to be sold and distributed for export and for
proper disposal.
Subsequent to the issuance of the May 4, 2023 cancellation order,
the U.S. Court of Appeals for the Eighth Circuit vacated EPA's rule
revoking all tolerances. See Red River Valley Sugarbeet Growers
Associations, et. al vs 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 (CFR) to reflect the court's reinstatement
of those tolerances (89 FR 7625) (FRL-5993-06-OCSPP). At this time, all
chlorpyrifos tolerances in effect prior to the 2021 tolerance rule have
been reinstated and are currently in effect. See 40 CFR 180.342. With
the tolerances in place, both Winfield and Liberty requested amendments
to the terms of the cancellation orders governing
[[Page 51522]]
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 August 31,
2022 cancellation order to update the existing stocks provisions as
they apply to the following Liberty products:
<bullet> Liberty Chlorpyrifos Bifenthrin (EPA Reg. No. 89168-20).
<bullet> Liberty Chlorpyrifos 4E (EPA Reg. No. 89168-24).
The registrant for these listed products is Liberty Crop
Protection, LLC, and its address is 1880 Fall River Drive, Suite #100,
Loveland, CO 80538.
EPA is also amending the May 4, 2023 cancellation order to update
the existing stocks provisions as they relate to the following Winfield
products:
<bullet> Tundra Supreme (EPA Reg. No. 1381-243).
<bullet> CPF 4E (EPA Reg. No. 83222-20).
<bullet> CPF 15G (EPA Reg. No. 83222-34).
The registrant for all three of the listed products is Winfield
Solutions, LLC, and its address is 1080 County Rd., F West, MS5705,
P.O. Box 64589, St. Paul, MN 55164.
III. Provisions for Disposition of Existing Stocks
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. Since the tolerances for chlorpyrifos residues on
food commodities have been reinstated by the Eighth Circuit, food
bearing chlorpyrifos residues could be sold in interstate commerce. EPA
has noted however, that it intends to issue a new rulemaking revoking
several chlorpyrifos tolerances in the near future. In the meantime,
the following amendments to the existing stocks provisions for Winfield
and Liberty products are consistent with the path forward for
disposition of existing stocks for other existing stocks amendment
requests and voluntary cancellations for chlorpyrifos requested by
registrants.
Existing stocks for the products identified in this order 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 August 31, 2022, for the Liberty products and May 4,
2023, for the Winfield products.
At this time, EPA is amending the existing stocks provisions in the
August 31, 2022 cancellation order as they apply to the Liberty
chlorpyrifos products mentioned in this notice. EPA has determined that
the following existing stocks provisions are not inconsistent with the
purposes of FIFRA, given the limited amount of existing stocks and the
limited time allowed for use of the existing stocks outlined below:
<bullet> Sale and distribution of existing stocks of Liberty
Chlorpyrifos Bifenthrin (EPA Reg. No. 89168-20) and Liberty
Chlorpyrifos 4E (EPA Reg. Nos. 89168-24) is permitted until April 30,
2025.
<bullet> Use of existing stocks of Liberty Chlorpyrifos Bifenthrin
(EPA Reg. No. 89168-20) and Liberty Chlorpyrifos 4E (EPA Reg. Nos.
89168-24) must be consistent with the product labeling. Such use is
permitted until June 30, 2025. Use of existing stocks Liberty
Chlorpyrifos Bifenthrin (EPA Reg. No. 89168-20) and Liberty
Chlorpyrifos 4E (EPA Reg. Nos. 89168-24) for non-food purposes is
permitted until existing stocks are exhausted, as long as such use is
in accordance with the labeling.
At this time, EPA is amending the existing stocks provisions in the
May 4, 2023 cancellation order as they apply to the Winfield products
identified in this notice. EPA has determined that the following
existing stocks provisions are not inconsistent with the purposes of
FIFRA given the limited amount of existing stocks and the limited time
allowed for use of the existing stocks outlined below:
<bullet> Sale and distribution of existing stocks of Tundra Supreme
(EPA Reg. No. 1381-243), CPF 4E (EPA Reg. No. 83222-20), and CPF 15G
(EPA Reg. No. 83222-34) is permitted until April 30, 2025.
<bullet> Use of existing stocks of Tundra Supreme (EPA Reg. No.
1381-243), CPF 4E (EPA Reg. No. 83222-20), and CPF 15G (EPA Reg. No.
83222-34) must be consistent with the product labeling. Such use is
permitted until June 30, 2025. Use of existing stocks Tundra Supreme
(EPA Reg. No. 1381-243), CPF 4E (EPA Reg. No. 83222-20), and CPF 15G
(EPA Reg. No. 83222-34) 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 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: June 11, 2024.
Anne Overstreet,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2024-13349 Filed 6-17-24; 8:45 am]
BILLING CODE 6560-50-P
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