Cancellation Order for Certain Chlorpyrifos Registrations and Uses, 28541-28545 [2023-09396]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
eLibrary link. The eLibrary link also
provides access to the texts of all formal
documents issued by the Commission,
such as orders, notices, and
rulemakings.
In addition, the Commission offers a
free service called eSubscription which
allows you to keep track of all formal
issuances and submittals in specific
dockets. This can reduce the amount of
time you spend researching proceedings
by automatically providing you with
notification of these filings, document
summaries, and direct links to the
documents. Go to https://www.ferc.gov/
ferc-online/overview to register for
eSubscription.
Dated: April 28, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023–09489 Filed 5–3–23; 8:45 am]
BILLING CODE 6717–01–P
Docket Nos. ...................................
Dated: April 28, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023–09488 Filed 5–3–23; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2022–0223; FRL–10924–01–
OCSPP]
Cancellation Order for Certain
Chlorpyrifos Registrations and Uses
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency (EPA) hereby announces its
final cancellation order for the
cancellations and amendments
voluntarily requested by the registrants
and accepted by the Agency, of the
products in Table 1 and Table 2 of Unit
I, pursuant to the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA).
This final cancellation order follows a
December 13, 2022, Federal Register
Notice of Receipt of Requests from the
registrants listed in Table 3 of Unit I, to
voluntarily cancel or amend these
product registrations. In the December
13, 2022 notice, EPA indicated that it
would issue a final order implementing
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
17:12 May 03, 2023
Federal Energy Regulatory
Commission
Notice of Staff Attendance at North
American Electric Reliability
Corporation Meetings
The Federal Energy Regulatory
Commission hereby gives notice that
members of the Commission and/or
Commission staff may attend the
following meetings:
North American Electric Reliability
Corporation Project 2022–04 EMT
Modeling SAR Drafting Team Meeting
May 1, 2023 | 3:00 p.m.–5:00 p.m.
Eastern
North American Electric Reliability
Corporation System Planning Impacts
from DERs Working Group
(SPIDERWG) Meeting
RD22–4–000
RD22–4–001
RD23–1–000
RD23–1–001
For further information, please
contact Leigh Anne Faugust (202) 502–
6396 or leigh.faugust@ferc.gov.
VerDate Sep<11>2014
DEPARTMENT OF ENERGY
Jkt 259001
..................................
..................................
..................................
..................................
The cancellations and
amendments are effective May 4, 2023.
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:
OPPChlorpyrifosInquiries@epa.gov.
SUPPLEMENTARY INFORMATION:
Fmt 4703
Further information regarding these
meetings may be found at: https://
www.nerc.com/Pages/Calendar.aspx.
The discussions at the meetings,
which are open to the public, may
address matters at issue in the following
Commission proceedings:
Cold Weather Reliability Standards.
DATES:
Frm 00083
May 2, 2023 | 1:00 p.m.–5:00 p.m.
Eastern
May 3, 2023 | 1:00 p.m.–5:00 p.m.
Eastern
North American Electric Reliability
Corporation Member Representatives
Committee Meeting
May 10, 2023 | 4:00 p.m.–6:00 p.m.
Eastern
North American Electric Reliability
Corporation Board of Trustees
Meeting
May 11, 2023 | 10:00 a.m.–12:00 p.m.
Mountain
Registration of Inverter-Based Resources.
the cancellations, unless the Agency
received substantive comments within
the 30-day comment period that would
merit its further review of these
requests, or unless the registrants
withdrew their requests. The Agency
received three comments on the notice
regarding registrations containing the
ingredient chlorpyrifos, which are
summarized in Unit III.B. EPA’s
responses to these comments and its
determination that these comments do
not merit further review of these
cancellation and amendment requests
are included in Unit III.C. None of the
registrants withdrew their request for
these voluntary cancellations or
amendments. Accordingly, EPA hereby
grants the requested cancellations and
amendments 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.
PO 00000
28541
Sfmt 4703
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 https://www.regulations.gov 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,
and the telephone number for the OPP
Docket is (202) 566–1744. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
E:\FR\FM\04MYN1.SGM
04MYN1
28542
Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
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—PRODUCT CANCELLATIONS
Registration No.
Company No.
1381–243 .......................
62719–34 .......................
62719–79 .......................
62719–220 .....................
62719–221 .....................
62719–254 .....................
62719–301 .....................
62719–353 .....................
62719–355 .....................
62719–575 .....................
62719–591 .....................
62719–615 .....................
83222–20 .......................
83222–34 .......................
1381
62719
62719
62719
62719
62719
62719
62719
62719
62719
62719
62719
83222
83222
Product name
Active ingredients
Tundra Supreme ..................................................
Lorsban 15G .........................................................
LOCK-ON .............................................................
Lorsban-4E ...........................................................
Lorsban 50W in Water Soluble Packets ..............
Dursban 4E-N .......................................................
Lorsban 75WG .....................................................
Dursban F Insecticidal Chemical .........................
Dursban R Insecticidal Chemical .........................
Cobalt ...................................................................
Lorsban advanced ................................................
Cobalt advanced ..................................................
CPF 4E .................................................................
CPF 15G ..............................................................
Chlorpyrifos Bifenthrin.
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos gamma-Cyhalothrin.
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos.
TABLE 2—CHLORPYRIFOS REGISTRATIONS WITH SPECIFIC USES TO BE TERMINATED
ddrumheller on DSK120RN23PROD with NOTICES1
Registration
No.
Company No.
Product name
Uses to be terminated
Food uses: Agricultural Crops [Terrestrial Food Crop, Greenhouse
Food Crop]: Alfalfa; apple; asparagus; banana; beet (sugar, garden/
table, including crops grown for seed); blueberry; Brassica (cole)
leafy vegetables (bok choy, broccoli, broccoli raab, Brussels
sprouts, cabbage, cauliflower, Chinese cabbage, collards, kale,
kohlrabi); caneberries; cherimoya; cherries (sour, sweet); citrus
fruits, corn (field corn, sweet corn (including corn grown for seed));
cotton; cranberry; cucumber; date; feijoa; fig; grape; kiwifruit; leek;
legume vegetables (succulent or dried), mint; nectarine; onion (dry
bulb); peach; peanut; pear; pepper; plum; prune; pumpkin; radish
(including crops grown for seed); rutabaga; sapote; seed and pod
vegetables; sorghum (milo); strawberry; sugarcane; sunflower;
sweet potato; tree nuts, turnip; wheat; seed treatment.
Commercial Livestock Housing: Cattle ear tags, poultry houses, turkey
barns, swine barns, and dairy barns.
Nonfood uses: Tobacco.
Food uses: Alfalfa, apple tree trunk, asparagus, cherries, citrus fruits
(calmondin, chironja, citrus citron, citrus hybrids, grapefruit, kumquat, lemons, limes, mandarin, tangerine, oranges, pummelo,
Satsuma mandarin, tangelo, tangor, and other citrus fruit), cranberries, figs, grapes; legume vegetables including adzuki bean, asparagus bean, bean, blackeyed pea, broad bean (dry and succulent), catjang, chickpea, Chinese longbean, cowpea, crowder
pea, dwarf pea, 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, 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, sword bean, tepary bean, urd bean,
wax bean, white lupin, white sweet lupin, yardlong bean; mint (peppermint and spearmint), plums, prunes, nectarines, peaches, almonds, onions, peanuts, pears, sorghum, soybeans, strawberries,
sugar beets, sunflowers, sweet potatoes, tree fruits, tree nuts, almonds, filberts, pecans, walnuts; almond, pecan, walnut orchard
floors; vegetables, Brassica (cole) leafy vegetable (bok choy), cauliflower, broccoli, Brussels sprouts, cabbage, Chinese cabbage,
collards, kale, kohlrabi, turnips, radishes, rutabagas, wheat, cotton;
seed treatment.
Nonfood uses: Tobacco.
11678–58 ...........
11678
Pyrinex Chlorpyrifos Insecticide .....
66222–19 ...........
66222
Chlorpyrifos 4E AG ........................
VerDate Sep<11>2014
17:12 May 03, 2023
Jkt 259001
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
E:\FR\FM\04MYN1.SGM
04MYN1
Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
28543
TABLE 2—CHLORPYRIFOS REGISTRATIONS WITH SPECIFIC USES TO BE TERMINATED—Continued
Registration
No.
Company No.
66222–233 .........
66222
Product name
Uses to be terminated
Vulcan ............................................
Food uses: Alfalfa, apple, citrus fruits: calamondin, chironja, citrus citron, citrus hybrids, grapefruit, kumquat, lemons, limes, mandarin
(tangerine), oranges, pummelo, Satsuma mandarin, tangelo, tangor,
citrus orchard floors, corn (field and sweet) (including corn grown
for seed), cotton, cranberries, figs, grapes; legume vegetables, including adzuki bean, asparagus bean, bean, blackeyed pea, broad
bean (dry and succulent), catjang, chickpea, Chinese longbean,
cowpea, crowder pea, dwarf pea, 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, 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, sword bean,
tepary bean, urd bean, wax bean, white lupin, white sweet lupin,
yardlong bean; mint (peppermint and spearmint), nectarines, peaches, almonds, onions (dry bulb), peanuts, pears, sorghum, soybeans,
strawberries, sugar beets, sunflowers, sweet potatoes, tree fruits
and nuts: almond, cherry, nectarine, peach, pear, plum, prune, walnut, filberts; almond, pecan, and walnut orchard floors; vegetables:
cauliflower, broccoli, broccoli raab, Brussels sprouts, cabbage, Chinese cabbage, collards, kale, kohlrabi, rutabaga, turnips, radish,
wheat; seed treatment.
Nonfood uses: Tobacco.
TABLE 3—REGISTRANTS OF CANCELLED OR AMENDED PRODUCTS
EPA
company No.
11678 ......................
66222 ......................
62719 ......................
1381 ........................
83222 ......................
Company name and address
ADAMA US, 3120 Highwoods Boulevard, Suite 100, Raleigh, NC 27604.
ADAMA US, 3120 Highwoods Boulevard, Suite 100, Raleigh, NC 27604.
Corteva Agriscience, LLC, 9330 Zionsville Road, Indianapolis, IN 46268.
Winfield Solutions, LLC, 1080 County Rd., F West, MS5705, P.O. Box 64589, St. Paul, MN 55164.
Winfield Solutions, LLC, 1080 County Rd., F West, MS5705, P.O. Box 64589, St. Paul, MN 55164.
III. Public Comments
ddrumheller on DSK120RN23PROD with NOTICES1
A. Brief History
In August 2021, 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 the chlorpyrifos tolerances
were not safe. 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 stays 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, requests for hearing on those
objections, as well as requests for stay
of the Final Rule (the Denial Order).
As a result, chlorpyrifos tolerances
expired on February 28, 2022 per 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
VerDate Sep<11>2014
17:12 May 03, 2023
Jkt 259001
chlorpyrifos products of the lack of
tolerances and the options for their
products, several registrants submitted
requests to voluntarily cancel their
chlorpyrifos pesticide products. The
notice for this action was published for
comment in the Federal Register on
December 13, 2022 (87 FR 76191) (FRL–
10469–01–OCSPP). The 30-day public
comment period closed on January 12,
2023.
B. Summary of Comments Received
During the public comment period,
EPA received three comments in
response to the December 13, 2022
notice. The comments can be found in
the docket for this action, identified by
docket identification (ID) number EPA–
HQ–OPP–2022–0223, available at
https://www.regulations.gov and are
briefly summarized here. One comment
was submitted by the American
Sugarbeet Growers Association, U.S.
Beet Sugar Association, and the Beet
Sugar Development Foundation. A
second comment was submitted by a
private citizen, and a third comment
was submitted anonymously and was
not substantive.
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
The comment from the American
Sugarbeet Growers Association, U.S.
Beet Sugar Association, and the Beet
Sugar Development Foundation
opposed the voluntary cancellation of
the products in the December 13, 2022
notice of receipt for this action. In
particular, these commenters specified
concerns that the voluntary cancellation
of chlorpyrifos registrations and
termination of certain uses is premature
while there is ongoing litigation
regarding the Final Rule and Denil
Order in the United States Court of
Appeals for the Eighth Circuit, Red
River Valley Sugarbeet Growers Ass’n et
al., v. Regan, et al., Nos. 22–1422, 22–
1530 (8th Cir.). These commenters also
specified concerns that sugarbeet
growers will suffer irreparable harm
because the loss of chlorpyrifos as a pest
management tool will result in
substantial increased costs, lost profits,
decreased crop yields, and a larger
environmental impact from more
frequent use of less effective
alternatives.
The comment from the private citizen
specified concerns about allowing the
export of chlorpyrifos outside of the
E:\FR\FM\04MYN1.SGM
04MYN1
28544
Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
United States as well as purchasing
produce and foodstuffs that may have
been treated with substances that are
prohibited from application to food in
the United States, like chlorpyrifos.
C. EPA Response to Comments
Regarding the comments submitted by
the American Sugarbeet Growers
Association, U.S. Beet Sugar
Association, and the Beet Sugar
Development Foundation, the
cancellations and amendments
requested by the registrants listed in
Table 3 are appropriate at this time
because registrants have a right under
section 6(f)(1) of FIFRA to at any time
request that EPA cancel or amend their
registrations to terminate one or more
uses. 7 U.S.C. 136d(f)(1)(A). The
registrant may request voluntary
cancellation of a pesticide product
registration at any time for many
reasons, including lack of interest in
maintaining the registration or the
pesticide no longer being marketed.
EPA cannot compel registrants to
maintain a registration indefinitely if
they request to voluntarily cancel it. The
resolution and timing of the litigation in
the Eighth Circuit is unknown, and
therefore, retention of the registrations
could subject registrants to additional
maintenance fees and responsibilities
for those registrations, for which the
registrants requested cancellation or
amendment. See, e.g., 40 CFR part 152,
subpart G (registrant responsibilities); 7
U.S.C. 136a–1(i)(1) (maintenance fee
obligations); 7 U.S.C. 136e (production
reporting requirements); 7 U.S.C. 136f
(recordkeeping requirements).
Moreover, retention of these
registrations will not make chlorpyrifos
products available for use as the
commenters desire. EPA issued a rule in
the Federal Register revoking
chlorpyrifos tolerances on August 30,
2021 (86 FR 48315) (FRL–5993–04–
OCSPP). Chlorpyrifos tolerances expired
six months later with the issuance of the
Order published in the Federal Register
on February 28, 2022 (87 FR 11222)
(FRL–5993–05–OCSPP). The revocation
of the tolerances means that application
of chlorpyrifos to food crops will result
in adulterated food which cannot be
shipped in interstate commerce. While
cancellation of the 14 products in Table
1 and amendment of three products in
Table 2 does not terminate the last of
the chlorpyrifos products registered in
the United States, these products (and
other remaining chlorpyrifos products)
cannot be applied to food crops that will
be shipped in interstate commerce.
Regarding the comment from the
private citizen, EPA regulates both the
import and export of pesticides, but the
VerDate Sep<11>2014
17:12 May 03, 2023
Jkt 259001
Agency does not have jurisdiction over
the use of pesticides outside of the
United States. FIFRA Section 17(a)
allows for the distribution of
unregistered pesticides produced solely
for export, as long as certain conditions
are met (7 U.S.C. 136o(a)). Otherwise,
all registered pesticides that are
exported to other countries must bear
the product label approved by EPA. For
additional information on importing or
exporting chlorpyrifos, please consult
EPA’s web page on Importing and
Exporting Pesticides at https://
www.epa.gov/pesticides/internationalactivities-related-pesticides.
Any pesticide residues in or on food
that is imported into the United States
must be covered by a tolerance or
exemption from the requirement of a
tolerance, just the same as any pesticide
residues applied to food in the United
States. Since there are no current
tolerances for residues of chlorpyrifos in
or on food, food containing chlorpyrifos
residues cannot be imported into the
United States, unless the chlorpyrifos
residues on that food fall within the
Channels of Trade guidance for
chlorpyrifos residues that the U.S. Food
and Drug Administration (FDA) released
last year. This guidance is available at:
https://www.fda.gov/regulatoryinformation/search-fda-guidancedocuments/guidance-industryquestions-and-answers-regardingchannels-trade-policy-human-foodcommodities. FDA has stated in its
channels of trade policy that it intends
to subject the importation of any food
bearing a residue (within the former
tolerance) of a pesticide chemical for
which a tolerance has been revoked,
suspended, or modified to the same
enforcement approach as for domestic
food.
For the reasons above, EPA has
determined that these comments do not
merit further review or a denial of the
cancellations and amendments
described in Tables 1 and 2 of Unit I.
IV. The Cancellation Order
Pursuant to FIFRA section 6(f) (7
U.S.C. 136d(f)(1)), EPA hereby approves
the requested cancellations and
amendments of the registrations
identified in Table 1 and Table 2 of Unit
I. Accordingly, the Agency hereby
orders that the product registrations
identified in Table 1 of Unit I. are
cancelled.
The cancellations and amendments
addressed in this Order are effective
May 4, 2023. Any distribution, sale, or
use of existing stocks of the products
identified in Tables 1 and 2 of Unit I.
in a manner inconsistent with any of the
provisions for disposition of existing
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
stocks set forth in Unit V. 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.
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. Following the public
comment period, the EPA Administrator
may approve such a request. The notice
for this action was published for
comment in the Federal Register on
December 13, 2022 (87 FR 76191) (FRL–
10469–01–OCSPP). The 30-day public
comment period closed on January 12,
2023.
VI. Provisions for Disposition of
Existing Stocks
Existing stocks 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.
Because all chlorpyrifos tolerances
expired on February 28, 2022, use of
chlorpyrifos in or on food will result in
adulterated food, which cannot be
delivered into interstate commerce.
Such use would be inconsistent with
the provisions of FIFRA. EPA is
allowing use of existing stocks of
chlorpyrifos products identified in
Tables 1 and 2 until those existing
stocks are exhausted, only for non-food
uses identified on the existing labels, as
long as such use is consistent with the
label. All other use of existing stocks of
these chlorpyrifos products are
prohibited.
None of the registrants listed in this
order have requested any continued sale
of existing stocks of the registrations
subject to this cancellation order;
however, Adama and Corteva have
requested that EPA allow for the return
of existing stocks that are in the hands
of end users and distributors to the
respective registrant. Because sale and
distribution of chlorpyrifos products for
use on food is inconsistent with the
purposes of FIFRA, all sale and
distribution of the chlorpyrifos products
identified in Table 1 and Table 2 of Unit
E:\FR\FM\04MYN1.SGM
04MYN1
Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
I. is prohibited, except for export
consistent with FIFRA section 17 (7
U.S.C. 136o); for proper disposal; or
consistent with the terms of the
individual return program agreements
EPA has approved for Adama and
Corteva. The return program agreements
were approved by the Agency on April
19, 2023. Adama and Corteva were
notified of the approval of their return
program agreements on April 20, 2023.
Additional information regarding
chlorpyrifos return programs for Adama
and Corteva may be found in https://
www.regulations.gov/docket/EPA-HQOPP-2021-0523 or by contacting the
registrants at: Adama (866) 406–6262;
ordergroup@adama.com and Corteva
(800) 258–3033.
Dated: April 28, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2023–09396 Filed 5–3–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2023–0098; FRL–10582–
02–OCSPP]
Certain New Chemicals or Significant
New Uses; Statements of Findings for
February 2023
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Toxic Substances Control
Act (TSCA) requires EPA to publish in
the Federal Register a statement of its
findings after its review of certain TSCA
submissions when EPA makes a finding
that a new chemical substance or
significant new use is not likely to
present an unreasonable risk of injury to
health or the environment. Such
statements apply to premanufacture
notices (PMNs), microbial commercial
activity notices (MCANs), and
significant new use notices (SNUNs)
submitted to EPA under TSCA. This
document presents statements of
findings made by EPA on such
submissions during the period from
February 1, 2023 to February 28, 2023.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2023–0098, is
available online at https://
www.regulations.gov or in-person at the
Office of Pollution Prevention and
Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:12 May 03, 2023
Jkt 259001
28545
Constitution Ave. NW, Washington, DC.
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, and
the telephone number for the OPPT
Docket is (202) 566–0280. For the latest
status information on EPA/DC services
and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Rebecca Edelstein, New Chemical
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
telephone number: (202) 564–1667
email address: edelstein.rebecca@
epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
the environment. Such statements apply
to PMNs, MCANs, and SNUNs
submitted to EPA under TSCA section
5.
Anyone who plans to manufacture
(which includes import) a new chemical
substance for a non-exempt commercial
purpose and any manufacturer or
processor wishing to engage in a use of
a chemical substance designated by EPA
as a significant new use must submit a
notice to EPA at least 90 days before
commencing manufacture of the new
chemical substance or before engaging
in the significant new use.
The submitter of a notice to EPA for
which EPA has made a finding of ‘‘not
likely to present an unreasonable risk of
injury to health or the environment’’
may commence manufacture of the
chemical substance or manufacture or
processing for the significant new use
notwithstanding any remaining portion
of the applicable review period.
I. Executive Summary
II. Statements of Findings Under TSCA
Section 5(a)(3)(C)
In this unit, EPA provides the
following information (to the extent that
such information is not claimed as
Confidential Business Information
(CBI)) on the PMNs, MCANs and
SNUNs for which, during this period,
EPA has made findings under TSCA
section 5(a)(3)(C) that the new chemical
substances or significant new uses are
not likely to present an unreasonable
risk of injury to health or the
environment:
The following list provides the EPA
case number assigned to the TSCA
section 5(a) submission and the
chemical identity (generic name if the
specific name is claimed as CBI).
• P–22–0051, 2,5-Furandione,
dihydro-, monopolyisobutylene derivs.,
reaction products with substituted
alkylamine (Generic Name).
To access EPA’s decision document
describing the basis of the ‘‘not likely to
present an unreasonable risk’’ finding
made by EPA under TSCA section
5(a)(3)(C), look up the specific case
number at https://www.epa.gov/
reviewing-new-chemicals-under-toxicsubstances-control-act-tsca/chemicalsdetermined-not-likely.
Authority: 15 U.S.C. 2601 et seq.
A. Does this action apply to me?
This action provides information that
is directed to the public in general.
B. What action is the Agency taking?
This document lists the statements of
findings made by EPA after review of
submissions under TSCA section 5(a)
that certain new chemical substances or
significant new uses are not likely to
present an unreasonable risk of injury to
health or the environment. This
document presents statements of
findings made by EPA during the
reporting period.
C. What is the Agency’s authority for
taking this action?
TSCA section 5(a)(3) requires EPA to
review a submission under TSCA
section 5(a) and make one of several
specific findings pertaining to whether
the substance may present unreasonable
risk of injury to health or the
environment. Among those potential
findings is that the chemical substance
or significant new use is not likely to
present an unreasonable risk of injury to
health or the environment per TSCA
section 5(a)(3)(C).
TSCA section 5(g) requires EPA to
publish in the Federal Register a
statement of its findings after its review
of a submission under TSCA section
5(a) when EPA makes a finding that a
new chemical substance or significant
new use is not likely to present an
unreasonable risk of injury to health or
PO 00000
Frm 00087
Fmt 4703
Sfmt 9990
D. Does this action have any
incremental economic impacts or
paperwork burdens?
No.
Dated: April 27, 2023.
Shari Barash,
Acting Director, New Chemicals Division,
Office of Pollution Prevention and Toxics.
[FR Doc. 2023–09423 Filed 5–3–23; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\04MYN1.SGM
04MYN1
]]>Agencies
[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28541-28545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09396]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0223; FRL-10924-01-OCSPP]
Cancellation Order for Certain Chlorpyrifos Registrations and
Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) hereby announces its
final cancellation order for the cancellations and amendments
voluntarily requested by the registrants and accepted by the Agency, of
the products in Table 1 and Table 2 of Unit I, pursuant to the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA). This final
cancellation order follows a December 13, 2022, Federal Register Notice
of Receipt of Requests from the registrants listed in Table 3 of Unit
I, to voluntarily cancel or amend these product registrations. In the
December 13, 2022 notice, EPA indicated that it would issue a final
order implementing the cancellations, unless the Agency received
substantive comments within the 30-day comment period that would merit
its further review of these requests, or unless the registrants
withdrew their requests. The Agency received three comments on the
notice regarding registrations containing the ingredient chlorpyrifos,
which are summarized in Unit III.B. EPA's responses to these comments
and its determination that these comments do not merit further review
of these cancellation and amendment requests are included in Unit
III.C. None of the registrants withdrew their request for these
voluntary cancellations or amendments. Accordingly, EPA hereby grants
the requested cancellations and amendments 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 May 4, 2023.
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:
[email protected].
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 https://www.regulations.gov 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, and the telephone number for the OPP
Docket is (202) 566-1744. Please review the visitor instructions and
additional information about the docket available at https://www.epa.gov/dockets.
[[Page 28542]]
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--Product Cancellations
----------------------------------------------------------------------------------------------------------------
Registration No. Company No. Product name Active ingredients
----------------------------------------------------------------------------------------------------------------
1381-243................................ 1381 Tundra Supreme............ Chlorpyrifos Bifenthrin.
62719-34................................ 62719 Lorsban 15G............... Chlorpyrifos.
62719-79................................ 62719 LOCK-ON................... Chlorpyrifos.
62719-220............................... 62719 Lorsban-4E................ Chlorpyrifos.
62719-221............................... 62719 Lorsban 50W in Water Chlorpyrifos.
Soluble Packets.
62719-254............................... 62719 Dursban 4E-N.............. Chlorpyrifos.
62719-301............................... 62719 Lorsban 75WG.............. Chlorpyrifos.
62719-353............................... 62719 Dursban F Insecticidal Chlorpyrifos.
Chemical.
62719-355............................... 62719 Dursban R Insecticidal Chlorpyrifos.
Chemical.
62719-575............................... 62719 Cobalt.................... Chlorpyrifos gamma-
Cyhalothrin.
62719-591............................... 62719 Lorsban advanced.......... Chlorpyrifos.
62719-615............................... 62719 Cobalt advanced........... Chlorpyrifos.
83222-20................................ 83222 CPF 4E.................... Chlorpyrifos.
83222-34................................ 83222 CPF 15G................... Chlorpyrifos.
----------------------------------------------------------------------------------------------------------------
Table 2--Chlorpyrifos Registrations With Specific Uses To Be Terminated
----------------------------------------------------------------------------------------------------------------
Registration No. Company No. Product name Uses to be terminated
----------------------------------------------------------------------------------------------------------------
11678-58.............................. 11678 Pyrinex Chlorpyrifos Food uses: Agricultural Crops
Insecticide. [Terrestrial Food Crop,
Greenhouse Food Crop]:
Alfalfa; apple; asparagus;
banana; beet (sugar, garden/
table, including crops grown
for seed); blueberry;
Brassica (cole) leafy
vegetables (bok choy,
broccoli, broccoli raab,
Brussels sprouts, cabbage,
cauliflower, Chinese
cabbage, collards, kale,
kohlrabi); caneberries;
cherimoya; cherries (sour,
sweet); citrus fruits, corn
(field corn, sweet corn
(including corn grown for
seed)); cotton; cranberry;
cucumber; date; feijoa; fig;
grape; kiwifruit; leek;
legume vegetables (succulent
or dried), mint; nectarine;
onion (dry bulb); peach;
peanut; pear; pepper; plum;
prune; pumpkin; radish
(including crops grown for
seed); rutabaga; sapote;
seed and pod vegetables;
sorghum (milo); strawberry;
sugarcane; sunflower; sweet
potato; tree nuts, turnip;
wheat; seed treatment.
Commercial Livestock Housing:
Cattle ear tags, poultry
houses, turkey barns, swine
barns, and dairy barns.
Nonfood uses: Tobacco.
66222-19.............................. 66222 Chlorpyrifos 4E AG....... Food uses: Alfalfa, apple
tree trunk, asparagus,
cherries, citrus fruits
(calmondin, chironja, citrus
citron, citrus hybrids,
grapefruit, kumquat, lemons,
limes, mandarin, tangerine,
oranges, pummelo, Satsuma
mandarin, tangelo, tangor,
and other citrus fruit),
cranberries, figs, grapes;
legume vegetables including
adzuki bean, asparagus bean,
bean, blackeyed pea, broad
bean (dry and succulent),
catjang, chickpea, Chinese
longbean, cowpea, crowder
pea, dwarf pea, 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, 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, sword
bean, tepary bean, urd bean,
wax bean, white lupin, white
sweet lupin, yardlong bean;
mint (peppermint and
spearmint), plums, prunes,
nectarines, peaches,
almonds, onions, peanuts,
pears, sorghum, soybeans,
strawberries, sugar beets,
sunflowers, sweet potatoes,
tree fruits, tree nuts,
almonds, filberts, pecans,
walnuts; almond, pecan,
walnut orchard floors;
vegetables, Brassica (cole)
leafy vegetable (bok choy),
cauliflower, broccoli,
Brussels sprouts, cabbage,
Chinese cabbage, collards,
kale, kohlrabi, turnips,
radishes, rutabagas, wheat,
cotton; seed treatment.
Nonfood uses: Tobacco.
[[Page 28543]]
66222-233............................. 66222 Vulcan................... Food uses: Alfalfa, apple,
citrus fruits: calamondin,
chironja, citrus citron,
citrus hybrids, grapefruit,
kumquat, lemons, limes,
mandarin (tangerine),
oranges, pummelo, Satsuma
mandarin, tangelo, tangor,
citrus orchard floors, corn
(field and sweet) (including
corn grown for seed),
cotton, cranberries, figs,
grapes; legume vegetables,
including adzuki bean,
asparagus bean, bean,
blackeyed pea, broad bean
(dry and succulent),
catjang, chickpea, Chinese
longbean, cowpea, crowder
pea, dwarf pea, 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, 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, sword
bean, tepary bean, urd bean,
wax bean, white lupin, white
sweet lupin, yardlong bean;
mint (peppermint and
spearmint), nectarines,
peaches, almonds, onions
(dry bulb), peanuts, pears,
sorghum, soybeans,
strawberries, sugar beets,
sunflowers, sweet potatoes,
tree fruits and nuts:
almond, cherry, nectarine,
peach, pear, plum, prune,
walnut, filberts; almond,
pecan, and walnut orchard
floors; vegetables:
cauliflower, broccoli,
broccoli raab, Brussels
sprouts, cabbage, Chinese
cabbage, collards, kale,
kohlrabi, rutabaga, turnips,
radish, wheat; seed
treatment.
Nonfood uses: Tobacco.
----------------------------------------------------------------------------------------------------------------
Table 3--Registrants of Cancelled or Amended Products
------------------------------------------------------------------------
EPA company No. Company name and address
------------------------------------------------------------------------
11678............................. ADAMA US, 3120 Highwoods Boulevard,
Suite 100, Raleigh, NC 27604.
66222............................. ADAMA US, 3120 Highwoods Boulevard,
Suite 100, Raleigh, NC 27604.
62719............................. Corteva Agriscience, LLC, 9330
Zionsville Road, Indianapolis, IN
46268.
1381.............................. Winfield Solutions, LLC, 1080 County
Rd., F West, MS5705, P.O. Box
64589, St. Paul, MN 55164.
83222............................. Winfield Solutions, LLC, 1080 County
Rd., F West, MS5705, P.O. Box
64589, St. Paul, MN 55164.
------------------------------------------------------------------------
III. Public Comments
A. Brief History
In August 2021, 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 the chlorpyrifos tolerances were not
safe. 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 stays 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, requests for hearing on
those objections, as well as requests for stay of the Final Rule (the
Denial Order).
As a result, chlorpyrifos tolerances expired on February 28, 2022
per 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 chlorpyrifos pesticide
products. The notice for this action was published for comment in the
Federal Register on December 13, 2022 (87 FR 76191) (FRL-10469-01-
OCSPP). The 30-day public comment period closed on January 12, 2023.
B. Summary of Comments Received
During the public comment period, EPA received three comments in
response to the December 13, 2022 notice. The comments can be found in
the docket for this action, identified by docket identification (ID)
number EPA-HQ-OPP-2022-0223, available at https://www.regulations.gov
and are briefly summarized here. One comment was submitted by the
American Sugarbeet Growers Association, U.S. Beet Sugar Association,
and the Beet Sugar Development Foundation. A second comment was
submitted by a private citizen, and a third comment was submitted
anonymously and was not substantive.
The comment from the American Sugarbeet Growers Association, U.S.
Beet Sugar Association, and the Beet Sugar Development Foundation
opposed the voluntary cancellation of the products in the December 13,
2022 notice of receipt for this action. In particular, these commenters
specified concerns that the voluntary cancellation of chlorpyrifos
registrations and termination of certain uses is premature while there
is ongoing litigation regarding the Final Rule and Denil Order in the
United States Court of Appeals for the Eighth Circuit, Red River Valley
Sugarbeet Growers Ass'n et al., v. Regan, et al., Nos. 22-1422, 22-1530
(8th Cir.). These commenters also specified concerns that sugarbeet
growers will suffer irreparable harm because the loss of chlorpyrifos
as a pest management tool will result in substantial increased costs,
lost profits, decreased crop yields, and a larger environmental impact
from more frequent use of less effective alternatives.
The comment from the private citizen specified concerns about
allowing the export of chlorpyrifos outside of the
[[Page 28544]]
United States as well as purchasing produce and foodstuffs that may
have been treated with substances that are prohibited from application
to food in the United States, like chlorpyrifos.
C. EPA Response to Comments
Regarding the comments submitted by the American Sugarbeet Growers
Association, U.S. Beet Sugar Association, and the Beet Sugar
Development Foundation, the cancellations and amendments requested by
the registrants listed in Table 3 are appropriate at this time because
registrants have a right under section 6(f)(1) of FIFRA to at any time
request that EPA cancel or amend their registrations to terminate one
or more uses. 7 U.S.C. 136d(f)(1)(A). The registrant may request
voluntary cancellation of a pesticide product registration at any time
for many reasons, including lack of interest in maintaining the
registration or the pesticide no longer being marketed.
EPA cannot compel registrants to maintain a registration
indefinitely if they request to voluntarily cancel it. The resolution
and timing of the litigation in the Eighth Circuit is unknown, and
therefore, retention of the registrations could subject registrants to
additional maintenance fees and responsibilities for those
registrations, for which the registrants requested cancellation or
amendment. See, e.g., 40 CFR part 152, subpart G (registrant
responsibilities); 7 U.S.C. 136a-1(i)(1) (maintenance fee obligations);
7 U.S.C. 136e (production reporting requirements); 7 U.S.C. 136f
(recordkeeping requirements).
Moreover, retention of these registrations will not make
chlorpyrifos products available for use as the commenters desire. EPA
issued a rule in the Federal Register revoking chlorpyrifos tolerances
on August 30, 2021 (86 FR 48315) (FRL-5993-04-OCSPP). Chlorpyrifos
tolerances expired six months later with the issuance of the Order
published in the Federal Register on February 28, 2022 (87 FR 11222)
(FRL-5993-05-OCSPP). The revocation of the tolerances means that
application of chlorpyrifos to food crops will result in adulterated
food which cannot be shipped in interstate commerce. While cancellation
of the 14 products in Table 1 and amendment of three products in Table
2 does not terminate the last of the chlorpyrifos products registered
in the United States, these products (and other remaining chlorpyrifos
products) cannot be applied to food crops that will be shipped in
interstate commerce.
Regarding the comment from the private citizen, EPA regulates both
the import and export of pesticides, but the Agency does not have
jurisdiction over the use of pesticides outside of the United States.
FIFRA Section 17(a) allows for the distribution of unregistered
pesticides produced solely for export, as long as certain conditions
are met (7 U.S.C. 136o(a)). Otherwise, all registered pesticides that
are exported to other countries must bear the product label approved by
EPA. For additional information on importing or exporting chlorpyrifos,
please consult EPA's web page on Importing and Exporting Pesticides at
https://www.epa.gov/pesticides/international-activities-related-pesticides.
Any pesticide residues in or on food that is imported into the
United States must be covered by a tolerance or exemption from the
requirement of a tolerance, just the same as any pesticide residues
applied to food in the United States. Since there are no current
tolerances for residues of chlorpyrifos in or on food, food containing
chlorpyrifos residues cannot be imported into the United States, unless
the chlorpyrifos residues on that food fall within the Channels of
Trade guidance for chlorpyrifos residues that the U.S. Food and Drug
Administration (FDA) released last year. This guidance is available at:
https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-questions-and-answers-regarding-channels-trade-policy-human-food-commodities. FDA has stated in its channels of
trade policy that it intends to subject the importation of any food
bearing a residue (within the former tolerance) of a pesticide chemical
for which a tolerance has been revoked, suspended, or modified to the
same enforcement approach as for domestic food.
For the reasons above, EPA has determined that these comments do
not merit further review or a denial of the cancellations and
amendments described in Tables 1 and 2 of Unit I.
IV. The Cancellation Order
Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)(1)), EPA hereby
approves the requested cancellations and amendments of the
registrations identified in Table 1 and Table 2 of Unit I. Accordingly,
the Agency hereby orders that the product registrations identified in
Table 1 of Unit I. are cancelled.
The cancellations and amendments addressed in this Order are
effective May 4, 2023. Any distribution, sale, or use of existing
stocks of the products identified in Tables 1 and 2 of Unit I. in a
manner inconsistent with any of the provisions for disposition of
existing stocks set forth in Unit V. 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.
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. Following the public comment period,
the EPA Administrator may approve such a request. The notice for this
action was published for comment in the Federal Register on December
13, 2022 (87 FR 76191) (FRL-10469-01-OCSPP). The 30-day public comment
period closed on January 12, 2023.
VI. Provisions for Disposition of Existing Stocks
Existing stocks 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.
Because all chlorpyrifos tolerances expired on February 28, 2022,
use of chlorpyrifos in or on food will result in adulterated food,
which cannot be delivered into interstate commerce. Such use would be
inconsistent with the provisions of FIFRA. EPA is allowing use of
existing stocks of chlorpyrifos products identified in Tables 1 and 2
until those existing stocks are exhausted, only for non-food uses
identified on the existing labels, as long as such use is consistent
with the label. All other use of existing stocks of these chlorpyrifos
products are prohibited.
None of the registrants listed in this order have requested any
continued sale of existing stocks of the registrations subject to this
cancellation order; however, Adama and Corteva have requested that EPA
allow for the return of existing stocks that are in the hands of end
users and distributors to the respective registrant. Because sale and
distribution of chlorpyrifos products for use on food is inconsistent
with the purposes of FIFRA, all sale and distribution of the
chlorpyrifos products identified in Table 1 and Table 2 of Unit
[[Page 28545]]
I. is prohibited, except for export consistent with FIFRA section 17 (7
U.S.C. 136o); for proper disposal; or consistent with the terms of the
individual return program agreements EPA has approved for Adama and
Corteva. The return program agreements were approved by the Agency on
April 19, 2023. Adama and Corteva were notified of the approval of
their return program agreements on April 20, 2023.
Additional information regarding chlorpyrifos return programs for
Adama and Corteva may be found in https://www.regulations.gov/docket/EPA-HQ-OPP-2021-0523 or by contacting the registrants at: Adama (866)
406-6262; [email protected] and Corteva (800) 258-3033.
Dated: April 28, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2023-09396 Filed 5-3-23; 8:45 am]
BILLING CODE 6560-50-P
