Notice2024-17453
Chlorpyrifos; Final Cancellation Order for Certain Pesticide Registrations and Amendment of Certain Pesticide Registrations To Terminate Certain Uses
Primary source
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Published
August 7, 2024
Effective
August 7, 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 listed 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 notice in the Federal Register of April 3, 2024, that announced EPA's receipt of and sought comment on requests from the registrants in Table 3 of Unit II. to voluntarily cancel or amend these product registrations. In the April 3, 2024 notice, EPA indicated that it would issue a final cancellation order implementing the requests, 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 two 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 the products listed Table 1 and Table 2 of Unit II are subject to the existing stocks provisions in this cancellation order and permitted only in accordance with the terms of this order.
Full Text
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<title>Federal Register, Volume 89 Issue 152 (Wednesday, August 7, 2024)</title>
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[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Notices]
[Pages 64458-64460]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17453]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0223; FRL-11828-02-OCSPP]
Chlorpyrifos; Final Cancellation Order for Certain Pesticide
Registrations and Amendment of Certain Pesticide Registrations To
Terminate Certain 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 listed 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 notice
in the Federal Register of April 3, 2024, that announced EPA's receipt
of and sought comment on requests from the registrants in Table 3 of
Unit II. to voluntarily cancel or amend these product registrations. In
the April 3, 2024 notice, EPA indicated that it would issue a final
cancellation order implementing the requests, 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 two 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 the products
listed Table 1 and
[[Page 64459]]
Table 2 of Unit II are subject to the existing stocks provisions in
this cancellation order and permitted only in accordance with the terms
of this order.
DATES: The cancellations and amendments are effective August 7, 2024.
ADDRESSES: 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>. 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 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#8dc2ddddcee5e1e2fffdf4ffe4ebe2fec4e3fcf8e4ffe4e8fecde8fdeca3eae2fb"><span class="__cf_email__" data-cfemail="2c637c7c6f4440435e5c555e454a435f65425d59455e45495f6c495c4d024b435a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. 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?
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 Amended To Terminate Uses
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Registration No. Product name Company Terminated Uses
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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;
sugar beet; 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 Cancellations
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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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III. Public Comments
A. Brief History
In 2021, EPA issued a rule revoking chlorpyrifos tolerances on the
grounds that they were not safe (86 FR 48315, August 30, 2021 (FRL-
5993-04-OCSPP)). Once those tolerances expired on February 28, 2022,
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.
In 2024, EPA announced the receipt of and sought comment on such
requests from the registrants identified
[[Page 64460]]
in Table 3 of Unit II. (89 FR 23011, April 3, 2024 (FRL-11821-01-
OCSPP)). Since the registrants waived the 180-day comment period for
these voluntary requests, EPA provided a 30-day comment period on the
proposed requests, which closed on May 3, 2024.
B. Summary of Comments Received
EPA received two comments in response to the notice that published
in the Federal Register of April 3, 2024. The comments are in the
docket for this action and are briefly summarized here.
Neither of the comments specified the products listed in Table 1 or
Table 2 of Unit II., but both comments were supportive of the
cancellation of the pesticide. One commenter summarized studies found
on the Breast Cancer Prevention Partners website. The other comment
stated that the proposed provisions for using existing stocks for food
uses until June 30, 2025 would subject workers, bystanders, and
consumers to health risks, and were not consistent with FIFRA.
C. EPA Response to Comments
This cancellation action is responsive to registrants' requests to
cancel specific products and specific uses. In response to both
commenters, under FIFRA section 6(f), registrants may, at any time,
seek to cancel their products or seek to amend their registrations to
terminate specific uses. Under that provision of the statute, EPA
provides an opportunity for public comment and then acts on the
request. Cancellation of other products or uses that are not requested
by the registrants occurs under other provisions of FIFRA, which is
beyond the scope of this action and EPA's authority in FIFRA section
6(f).
In addition, in response to the comment submitted by Earthjustice,
EPA has determined that the 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 in Unit VI.
Regarding the studies on the Breast Cancer Prevention Partners
website referenced in the other submitted comment, the commenter may
wish to submit this information for consideration during the next
public comment period on the registration review of chlorpyrifos, when
all currently registered uses of chlorpyrifos will be evaluated.
EPA determined that neither comment merited denial of the
registrants' requests for cancellation and amendment.
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 cancel the
registrations identified in Table 1 and Table 2 of Unit II.,
respectively. Accordingly, the Agency hereby orders that the uses
identified for the products listed in Table 1 of Unit II. are
terminated, and the product registrations identified in Table 2 of Unit
II. are cancelled.
The cancellations and amendments addressed in this Order are
effective August 7, 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?
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. FIFRA further provides that, before acting on the
request, EPA must publish a notice of receipt of any such request in
the Federal Register and provide a public comment period. EPA must
publish a notice in the Federal Register to take final action on such
requests and respond to comments received.
VI. 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 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 in this unit.
A. Products Listed in Table 1 of Unit II
<bullet> Sale and distribution of existing stocks of Chlorpyrifos
61.5% MUP (81964-21) will not be permitted after the final cancellation
order is issued. Although the April 3, 2024 notice indicated that EPA
intended to allow sale and distribution of this product until April 30,
2025, that date was intended to apply to end use products only and thus
does not apply because this is a MUP. This will also help limit the
amount of additional chlorpyrifos end use products that can be produced
from this MUP.
<bullet> Sale and distribution of existing stocks of Chlorpyrifos 4
EC (84229-20) will be permitted until April 30, 2025.
<bullet> Use of existing stocks of Chlorpyrifos 4 EC (84229-20) on
food, food processing sites, and food manufacturing sites must be
consistent with the product labeling and will be permitted until June
30, 2025.
<bullet> Use of existing stocks of Chlorpyrifos 61.5% MUP (81964-
21) and Chlorpyrifos 4 EC (84229-20) 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, sale and distribution of existing stocks 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.
B. Products Listed in Table 2 of Unit II
The products listed in Table 2 of Unit II. bear labeling only for
non-food use. Therefore, EPA is allowing sale and distribution of
existing stocks of those products 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: August 2, 2024.
Jean Overstreet,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2024-17453 Filed 8-6-24; 8:45 am]
BILLING CODE 6560-50-P
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