Notice2024-13779
Final Cancellation Order for Cancelling Certain Pesticide Registrations and Uses
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
June 24, 2024
Effective
June 24, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or "Agency") 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 June 9, 2023, Federal Register Notice of Receipt of Requests from the registrants in Table 3 of Unit II. to voluntarily cancel or amend these product registrations. In the June 9, 2023, notice, EPA indicated that it would issue a final cancellation order implementing the cancellations, unless the Agency received substantive comments within the comment period that would merit further review of these requests, or unless the registrants withdrew their requests. The Agency received five comments on the notice, which are summarized in Unit III.B. The registrants did not withdraw their requests for these voluntary cancellations and 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 89 Issue 121 (Monday, June 24, 2024)</title>
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[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Notices]
[Pages 52459-52462]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13779]
[[Page 52459]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0223; FRL-11967-01-OCSPP]
Final Cancellation Order for Cancelling Certain Pesticide
Registrations and Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA or ``Agency'') 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 June
9, 2023, Federal Register Notice of Receipt of Requests from the
registrants in Table 3 of Unit II. to voluntarily cancel or amend these
product registrations. In the June 9, 2023, notice, EPA indicated that
it would issue a final cancellation order implementing the
cancellations, unless the Agency received substantive comments within
the comment period that would merit further review of these requests,
or unless the registrants withdrew their requests. The Agency received
five comments on the notice, which are summarized in Unit III.B. The
registrants did not withdraw their requests for these voluntary
cancellations and 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 June 24, 2024.
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#aee1fefeedc6c2c1dcded7dcc7c8c1dde7c0dfdbc7dcc7cbddeecbdecf80c9c1d8"><span class="__cf_email__" data-cfemail="1b544b4b58737774696b6269727d746852756a6e7269727e685b7e6b7a357c746d">[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.
Table 1--Chlorpyrifos Registrations With Specific Uses That Are Terminated
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Registration No. Product name Company Uses that are deleted
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93182-3............................ Chlorpyrifos Technical Gharda Chemicals Alfalfa (except in AZ, CO,
International, Inc. IA, ID, IL, KS, MI, MN,
MO, MT, ND, NE, NM, NV,
OK, OR, SD, TX, UT, WA,
WI, WY), banana,
blueberry, caneberry,
cherimoya, citrus fruits
(except in AL, FL, GA, NC,
SC, TX), corn, cotton
(except in AL, FL, GA, NC,
SC, VA), cranberries,
cucumber, date, feijoa,
figs, grapes, kiwifruit,
leek, legume vegetables
(except soybean), mint,
onions (dry bulb), pea,
peanuts, pepper, pumpkin,
sweet potatoes, sugarcane,
sorghum, soybeans (except
in AL, CO, FL, GA, IA, IL,
IN, KS, KY, MN, MO, MT,
NC, ND, NE, NM, OH, OK,
PA, SC, SD, TN, TX, VA,
WI, WV, WY), sunflowers,
sugar beets (except in IA,
ID, IL, MI, MN, ND, OR,
WA, WI), strawberries
(except in OR), tree fruit
(apples [except in AL, DC,
DE, GA, ID, IN, KY, MD,
MI, NJ, NY, OH, OR, PA,
TN, VA, VT, WA, WV],
cherries [except tart
cherries in MI], peaches
[except in AL, DC, DE, FL,
GA, MD, MI, NC, NJ, NY,
OH, PA, SC, TX, VA, VT,
WV] and nectarines),
pears, plums/prunes, tree
nuts (almonds, filberts,
pecans and walnuts),
vegetables (cauliflower,
broccoli, Brussels
sprouts, cabbage,
collards, kale, kohlrabi,
turnips, radishes, and
rutabagas), and wheat
(except spring wheat in
CO, KS, MO, MT, ND, NE,
SD, WY and winter wheat in
CO, IA, KS, MN, MO, MT,
ND, NE, OK, SD, TX, WY).
[[Page 52460]]
93182-7............................ Pilot 4E Chlorpyrifos Gharda Chemicals Alfalfa (except in AZ, CO,
Agricultural International, Inc. IA, ID, IL, KS, MI, MN,
Insecticide. MO, MT, ND, NE, NM, NV,
OK, OR, SD, TX, UT, WA,
WI, WY), apple (except in
AL, DC, DE, GA, ID, IN,
KY, MD, MI, NJ, NY, OH,
OR, PA, TN, VA, VT, WA,
WV), asparagus, brassica
(cole) leafy vegetables,
broccoli, broccoli rabe,
Brussels sprouts, cabbage,
cauliflower, cavalo
broccoli, Chinese
broccoli, Chinese cabbage,
collards, kale, kohlrabi,
mizuna, mustard greens,
mustard spinach, rape
greens, radish, rutabaga,
turnip, citrus fruits and
citrus orchard floors
(except in AL, FL, GA, NC,
SC, TX), corn (field corn
and sweet corn, including
corn grown for seed),
cotton (except in AL, FL,
GA, NC, SC, VA),
cranberries, figs, grape,
legume vegetables
(succulent or dried,
adzuki bean, asparagus
bean, bean, blackeyed pea,
broad bean (dry and
succulent), catjang,
chickpea, Chinese
longbean, cowpea, crowder
pea, dwarf bean, 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 (dry and green), moth
bean, mung bean, navy
bean, pea, pigeon pea,
pinto bean, rice bean,
runner bean, snap bean,
snow pea, southern pea,
sugar snap pea, sweet
lupin, tepary bean, urd
bean, white lupin, white
sweet lupin, yardlong
bean), onions (dry bulb),
peanut, pear, peppermint
and spearmint, sorghum--
grain sorghum (milo),
soybean (except in AL, CO,
FL, GA, IA, IL, IN, KS,
KY, MN, MO, MT, NC, ND,
NE, NM, OH, OK, PA, SC,
SD, TN, TX, VA, WI, WV,
WY), strawberry (except in
OR), sugar beet (except in
IA, ID, IL, MI, MN, ND,
OR, WA, WI), sunflower,
sweet potato, almond,
walnut (dormant/delayed
dormant sprays), tree
fruits (except apple,
peaches, and cherries) and
almond, tree nuts (foliar
sprays), tree nut orchard
floors, wheat (except
spring wheat in CO, KS,
MO, MT, ND, NE, SD, WY and
winter wheat in CO, IA,
KS, MN, MO, MT, ND, NE,
OK, SD, TX, WY), cherries
(except tart cherries in
MI), nectarine, plum,
prune, peaches (except in
AL, DC, DE, FL, GA, MD,
MI, NC, NJ, NY, OH, PA,
SC, TX, VA, VT, WV).
93182-8............................ Pilot 15G Chlorpyrifos Gharda Chemicals Citrus and citrus orchard
Agricultural International, Inc. floors (except in AL, FL,
Insecticide. GA, NC, SC, TX), Cole
crops (Brassica) leafy
vegetables: (Bok choy,
broccoli, Brussels
sprouts, cabbage, Chinese
cabbage, cauliflower,
collards, kale, kohlrabi,
broccoli rabe, Chinese
broccoli), onions (dry
bulb), radishes,
rutabagas, sweet potatoes,
corn, alfalfa (except in
AZ, CO, IA, ID, IL, KS,
MI, MN, MO, MT, ND, NE,
NM, NV, OK, OR, SD, TX,
UT, WA, WI, WY), sorghum--
grain sorghum (milo),
soybeans (except in AL,
CO, FL, GA, IA, IL, IN,
KS, KY, MN, MO, MT, NC,
ND, NE, NM, OH, OK, PA,
SC, SD, TN, TX, VA, WI,
WV, WY), peanuts, sugar
beets (except in IA, ID,
IL, MI, MN, ND, OR, WA,
WI), turnips, and
sunflowers.
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Table 2--Chlorpyrifos Product Cancellations
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Registration No. Company No. Product name Active ingredients
----------------------------------------------------------------------------------------------------------------
62719-72.............................. 62719 Dursban 50W in Water Soluble Chlorpyrifos.
Packets.
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Table 3--Registrants Requesting Voluntary Cancellation and/or
Termination of Chlorpyrifos Uses
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EPA Company No. Company name and address
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62719............................. Corteva Agriscience, LLC, 9330
Zionsville Road, Indianapolis, IN
46268.
93182............................. Gharda Chemicals International,
Inc., 4032 Crockers Lake Blvd.,
Suite 818, Sarasota, FL 34238.
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[[Page 52461]]
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 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 June 9,
2023 (88 FR 37875) (FRL-11017-01-OCSPP). The registrants did not waive
the 180-day comment period for these voluntary requests, and, as a
result, the comment period had a closing date of December 6, 2023.
The Final Rule was challenged by Gharda and multiple grower groups
in the U.S. Court of Appeals for the Eighth Circuit. On November 2,
2023, the Eighth Circuit issued a decision vacating the Final Rule and
remanding the matter to EPA for further proceedings. On December 28,
2023, the Eighth Circuit's opinion became effective; accordingly, all
chlorpyrifos tolerances vacated by the Final Rule were reinstated. 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) (FRL-5993-06-OCSPP). At this time, all
the chlorpyrifos tolerances in effect prior to the Final Rule have been
reinstated and are currently in effect.
After requests from Gharda and multiple grower groups to extend the
public comment period due to the Eighth Circuit decision, on December
6, 2023, EPA extended the comment period for the requests at issue in
this notice for an additional 42 days. EPA again extended the comment
period on January 17, 2024, for an additional 30 days. Following these
extensions, the comment period ended on February 16, 2024.
B. Summary of Comments Received
During the extended public comment period, EPA received five public
comments in response to the June 9, 2023, notice. The comments can be
found in the docket for this action and are briefly summarized here.
Two comments were submitted by a private citizen in support of
banning chlorpyrifos, and one comment was submitted anonymously by a
private citizen generally supporting the cancellation of the pesticide.
These three comments were not specific to either of the registrant
requests being finalized by this order. Two public comments were
submitted by a representative for multiple grower groups, including Red
River Valley Sugarbeet Growers Association, U.S. Beet Sugar
Association, American Sugarbeet Growers Association, Southern Minnesota
Beet Sugar Cooperative, American Crystal Sugar Company, Minn-Dak
Farmers Cooperative, American Farm Bureau Federation, American Soybean
Association, Iowa Soybean Association, Minnesota Soybean Growers
Association, Missouri Soybean Association, Nebraska Soybean
Association, South Dakota Soybean Association, North Dakota Soybean
Growers Association, National Association of Wheat Growers, Cherry
Marketing Institute, Florida Fruit and Vegetable Association, and
Georgia Fruit and Vegetable Growers Association, and National Cotton
Council of America (``grower groups'').
One of the comments submitted by the grower groups requested an
extension of the comment period. The other comment from this group
expressed support for EPA's plans (not at issue in this order) to
revoke all chlorpyrifos tolerances other than those for the 11 crops
referenced in the Agency's December 2020 Chlorpyrifos Proposed Interim
Decision (PID). The grower groups also expressed concern for ensuring
that Gharda's products would be available for use in the 2024 growing
season. The grower groups requested that their input be considered
regarding label changes for those 11 crops. The grower groups also
requested that no additional changes (e.g., application rate
reductions) to the labels of chlorpyrifos products be made until after
EPA completes its evaluation and rulemaking process to modify the
tolerances, in order to reduce confusion and uncertainty for growers in
the upcoming growing season.
C. EPA Response to Comments
Regarding the comments submitted by the grower groups, the
termination of food uses and cancellation of products included in the
notice of June 9, 2023, were voluntarily requested by the registrants,
which is permissible at any time pursuant to FIFRA section 6(f)(1).
After the Eighth Circuit decision, the registrants affirmed their
interest in moving forward with their pending cancellation requests; no
requests were withdrawn. In this final cancellation order, EPA is
fulfilling these requests from the registrants. The terms for sale,
distribution, and use of the existing stocks of the products identified
in Tables 1 and 2 of this order are included in Section VI of this
cancellation order. Since the tolerances for chlorpyrifos are in place,
use of chlorpyrifos products on crops consistent with label directions
will not result in adulterated food.
In response to the grower group's comment requesting an opportunity
to provide input to the label revisions and requesting that no other
label changes be approved until after EPA completes its evaluation and
rulemaking process to modify the tolerances, these comments are
relevant to a label amendment process that is outside the scope of this
cancellation order. Nevertheless, as a matter of transparency, EPA
notes that it is currently working with the registrants to remove all
food uses from the labels of chlorpyrifos products, except for the 11
food uses discussed in the 2020 Proposed Interim Registration Review
Decision (PID) for chlorpyrifos. As discussed in the supporting
documents, those 11 remaining uses need to be limited to certain
geographic areas, application rates, and numbers of applications based
on the 2020 Updated Drinking Water Assessment, the 2020 Human Health
Risk Assessment, and the 2020 PID.
IV. The Cancellation Order
Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)(1)), EPA hereby
approves the requested amendments to terminate uses and cancellation of
the registration identified in Table 1 and Table 2 of Unit II.,
respectively. Accordingly, the Agency hereby orders that the uses
[[Page 52462]]
identified for the products listed in Table 1 of Unit II. are
terminated and the product registration identified in Table 2 of Unit
II. is cancelled.
The cancellations and amendments addressed in this Order are
effective June 24, 2024. 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 VI will be a violation of FIFRA.
V. What is the Agency's authority for taking these actions?
FIFRA section 6(f)(1) (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. FIFRA further provides that, before acting on the
request, EPA must publish a notice of receipt of any such request in
the Federal Register.
FIFRA section 6(f)(1)(B) (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.
Because no such requests or determinations were made, EPA provided
a 180-day comment period with additional time extensions. Comments were
submitted to which EPA has responded above.
VI. Provisions for Disposition of Existing Stocks
A. Products Listed in Table 1 of Unit II
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 the effective date of the cancellation action. 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 Chlorpyrifos
Technical (EPA Reg. No. 93182-3) is permitted until June 30, 2024.
<bullet> Sale and distribution of existing stocks of Pilot 4E
Chlorpyrifos Agricultural Insecticide (EPA Reg. No. 93182-7) and Pilot
15G Chlorpyrifos Agricultural Insecticide (EPA Reg. No. 93182-8) is
permitted until April 30, 2025.
<bullet> Use of existing stocks of Pilot 4E Chlorpyrifos
Agricultural Insecticide (EPA Reg. No. 93182-7) and Pilot 15G
Chlorpyrifos Agricultural Insecticide (EPA Reg. No. 93182-8) on food,
food processing sites, and food manufacturing sites must be consistent
with the product labeling. Such use is permitted until June 30, 2025.
<bullet> Use of existing stocks of Pilot 4E Chlorpyrifos
Agricultural Insecticide (EPA Reg. No. 93182-7) and Pilot 15G
Chlorpyrifos Agricultural Insecticide (EPA Reg. No. 93182-8) 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.
B. Product Listed in Table 2 of Unit II
The product listed in Table 2 of Unit II bears labeling only for
non-food use. Therefore, EPA is allowing sale and distribution of
existing stocks of that product for one year after publication of the
cancellation order. Thereafter, sale and distribution of existing
stocks of the product will be prohibited, except for export consistent
with FIFRA section 17 (7 U.S.C. 136o), or for proper disposal in
accordance with state regulations.
Use of existing stocks is permitted until such stocks are
exhausted, provided that use is consistent with the terms of the
previously approved labeling on, or that accompanied, the cancelled
products.
Authority: 7 U.S.C. 136 et seq.
Dated: June 17, 2024.
Jean Overstreet,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2024-13779 Filed 6-21-24; 8:45 am]
BILLING CODE 6560-50-P
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