Notice2024-21004
Chlorpyrifos; Amendment to Existing Stocks Provisions in Kaizen 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
September 16, 2024
Issuing agencies
Environmental Protection Agency
Abstract
On August 31, 2022, EPA issued a final order cancelling several products, including one product for which Kaizen Technologies, LLC voluntarily requested cancellation, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Agency is issuing this notice to amend the existing stocks provisions in the August 31, 2022 order, for the product listed in this document.
Full Text
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<title>Federal Register, Volume 89 Issue 179 (Monday, September 16, 2024)</title>
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[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Notices]
[Pages 75538-75539]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21004]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0223; FRL-12245-01-OCSPP]
Chlorpyrifos; Amendment to Existing Stocks Provisions in Kaizen
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 one product for which Kaizen Technologies,
LLC voluntarily requested cancellation, pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Agency is
issuing this notice to amend the existing stocks provisions in the
August 31, 2022 order, for the product 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#df908f8f9cb7b3b0adafa6adb6b9b0ac96b1aeaab6adb6baac9fbaafbef1b8b0a9"><span class="__cf_email__" data-cfemail="07485757446f6b6875777e756e6168744e6976726e756e62744762776629606871">[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 its August 31, 2022 Cancellation Order for Certain Chlorpyrifos
Registrations (87 FR 53471) (FRL-10138-01-OCSPP), EPA granted Kaizen's
request to cancel its one chlorpyrifos product: Bifenchlor (EPA
Registration Number 86363-11). This order noted that all chlorpyrifos
tolerances had been revoked, and thus all use on food and all sale and
distribution of existing stocks for the products identified in that
order were inconsistent with the purposes of FIFRA, with some
exceptions. The August 31, 2022 order permitted existing stocks to be
sold and distributed for export and for proper disposal.
Subsequent to the issuance of the August 31, 2022 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. 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 (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, Kaizen requested an amendment to the terms of
the August 31, 2022 cancellation order governing disposition of
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 Kaizen product:
<bullet> Bifenchlor (EPA Reg. No. 86363-11).
The registrant for the listed product is Kaizen Technologies, LLC.,
2225 Q Street, Aurora, NE 68818.
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 amendment to the existing stocks provisions for the
Kaizen product is consistent with the path forward for disposition of
existing stocks for several other existing stocks amendment requests
and post-tolerance-reinstatement voluntary cancellations for
chlorpyrifos requested by registrants.
Existing stocks for the product 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.
At this time, EPA is amending the existing stocks provisions in the
August 31, 2022 cancellation order as they apply to the Kaizen
chlorpyrifos product 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 Bifenchlor
(EPA Reg. No. 86363-11) is permitted until April 30, 2025.
<bullet> Use of existing stocks of Bifenchlor (EPA Reg. No. 86363-
11) must be consistent with the product labeling. Such use is permitted
until June 30, 2025. Use of existing stocks of Bifenchlor (EPA Reg. No.
86363-11) 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
[[Page 75539]]
distribution for export consistent with FIFRA section 17 (7 U.S.C.
136o) and for proper disposal.
Dated: September 10, 2024.
Jean Anne Overstreet,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2024-21004 Filed 9-13-24; 8:45 am]
BILLING CODE 6560-50-P
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