Chlorpyrifos; Amendment to Existing Stocks Provisions in Winfield and Liberty Product Cancellation Orders, 51521-51522 [2024-13349]

Download as PDF Federal Register / Vol. 89, No. 118 / Tuesday, June 18, 2024 / Notices established in 40 CFR 180.317(b). The specific exemption was authorized on January 24, 2024, and effective April 15, 2024, to June 30, 2024. Nebraska Department of Agriculture Specific exemption: EPA authorized the use of metamitron on a maximum of 47,128 acres of sugar beets for preemergence control of the invasive Amaranthus (pigweed) spp., Palmer amaranth. Because an unregistered pesticide was requested, a Notice of Receipt (NOR), with opportunity for public comment (required by 40 CFR 166.24), published in the Federal Register on September 28, 2023 (88 FR 66842) (FRL–11396–01–OCSPP). The public comment period closed on October 13, 2023. Two public comments were received: one in favor and one objecting to the use. EPA posted a document addressing the comments to the docket for the NOR, as well as EPA’s evaluations and risk assessments associated with the use, which may be accessed at https:// www.regulations.gov/docket/EPA-HQOPP-2023-0463. EPA authorized the emergency exemption for this use after determining that the use would not result in any risks of concern to human health or the environment, and concluding that an urgent, nonroutine situation existed with significant economic losses expected without the use. The authorization was effective December 14, 2023 to August 31, 2024. B. Federal Departments and Agencies United States Department of Agriculture lotter on DSK11XQN23PROD with NOTICES1 Animal and Plant Health Inspection Service Quarantine Exemptions: EPA authorized the use of thymol on hard, nonporous surfaces associated with aircraft and associated loading equipment used to transport livestock, for disinfection from African swine fever and foot-and-mouth disease viruses. The authorization was effective October 3, 2023, to October 3, 2026. EPA authorized the use of spinosad, incorporated into a wax matrix coating on bait stations for control of non-native tephritidae fruit fly species. The bait stations may be employed in US states and territories where the invasive fruit fly species are detected, and use of widespread pesticide spraying is not suitable (e.g., residential areas). The authorization was effective December 21, 2023 to December 31, 2026. VerDate Sep<11>2014 17:57 Jun 17, 2024 Jkt 262001 United States Department of Defense Armed Forces Pest Management Board Crisis exemption: EPA concurred upon a crisis exemption declared by the Armed Forces Pest Management Board for the use of permethrin to retreat military uniforms to protect against public health insects. The crisis exemption was effective November 6, 2023. Public Health Exemption: EPA authorized the use of permethrin as a single retreatment on military uniforms to protect wearers from public health pests. The authorization was effective February 14, 2024, to September 30, 2024. Authority: 7 U.S.C. 136 et seq. Dated: June 5, 2024. Charles Smith, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2024–13351 Filed 6–17–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2022–0223; FRL–11987–01– OCSPP] Chlorpyrifos; Amendment to Existing Stocks Provisions in Winfield and Liberty Product Cancellation Orders Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: On August 31, 2022, EPA issued a final order cancelling several products, including those voluntarily requested by Liberty Crop Protection, LLC (Liberty) and accepted by the Agency, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On May 4, 2023, EPA issued a final cancellation order including three products voluntarily requested by Winfield Solutions, LLC (Winfield) and accepted by the Agency. The Agency is issuing this notice to amend the existing stocks provisions in the August 31, 2022 and May 4, 2023 orders, for the products listed in this document. SUMMARY: The docket for this action, identified under docket identification (ID) number EPA–HQ–OPP–2022–0223, is available online at https:// www.regulations.gov. Additional instructions on visiting the docket, along with more information about dockets generally, is available at https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Patricia Biggio, Pesticide Re-Evaluation ADDRESSES: PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 51521 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: I. General Information Does this action apply to me? This action is directed to the public in general and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. II. What action is the Agency taking? In the August 31, 2022 Cancellation Order for Certain Chlorpyrifos Registrations (87 FR 53471) (FRL– 10138–01–OCSPP), EPA granted Liberty’s request to cancel its three chlorpyrifos products. In the May 4, 2023 Cancellation Order for Certain Chlorpyrifos Registrations and Uses (88 FR 28541) (FRL–10924–01–OCSPP). EPA granted Winfield’s request to cancel three chlorpyrifos products. Both of these orders noted that all chlorpyrifos tolerances had been revoked, and thus all use on food, sale, and distribution of existing stocks for the products identified in that order were inconsistent with the purposes of FIFRA, with some exceptions. The May 4, 2023 order allowed for distribution of existing stocks consistent with return agreements approved by EPA. Both orders permitted existing stocks to be sold and distributed for export and for proper disposal. Subsequent to the issuance of the May 4, 2023 cancellation order, the U.S. Court of Appeals for the Eighth Circuit vacated EPA’s rule revoking all tolerances. See Red River Valley Sugarbeet Growers Associations, et. al vs Regan, 85 F.4th 881 (8th Cir. 2023). On February 5, 2024, EPA issued a Federal Register notice to amend the Code of Federal Regulations (CFR) to reflect the court’s reinstatement of those tolerances (89 FR 7625) (FRL–5993–06– OCSPP). At this time, all chlorpyrifos tolerances in effect prior to the 2021 tolerance rule have been reinstated and are currently in effect. See 40 CFR 180.342. With the tolerances in place, both Winfield and Liberty requested amendments to the terms of the cancellation orders governing E:\FR\FM\18JNN1.SGM 18JNN1 51522 Federal Register / Vol. 89, No. 118 / Tuesday, June 18, 2024 / Notices lotter on DSK11XQN23PROD with NOTICES1 disposition of their existing stocks to allow for sale, distribution, and use. Because the reinstatement of the chlorpyrifos tolerances means that chlorpyrifos products can be used in accordance with their labeling without concern for adulterated food, EPA is amending the August 31, 2022 cancellation order to update the existing stocks provisions as they apply to the following Liberty products: • Liberty Chlorpyrifos Bifenthrin (EPA Reg. No. 89168–20). • Liberty Chlorpyrifos 4E (EPA Reg. No. 89168–24). The registrant for these listed products is Liberty Crop Protection, LLC, and its address is 1880 Fall River Drive, Suite #100, Loveland, CO 80538. EPA is also amending the May 4, 2023 cancellation order to update the existing stocks provisions as they relate to the following Winfield products: • Tundra Supreme (EPA Reg. No. 1381–243). • CPF 4E (EPA Reg. No. 83222–20). • CPF 15G (EPA Reg. No. 83222–34). The registrant for all three of the listed products is Winfield Solutions, LLC, and its address is 1080 County Rd., F West, MS5705, P.O. Box 64589, St. Paul, MN 55164. III. Provisions for Disposition of Existing Stocks Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be cancelled or amended to terminate one or more registered uses. Since the tolerances for chlorpyrifos residues on food commodities have been reinstated by the Eighth Circuit, food bearing chlorpyrifos residues could be sold in interstate commerce. EPA has noted however, that it intends to issue a new rulemaking revoking several chlorpyrifos tolerances in the near future. In the meantime, the following amendments to the existing stocks provisions for Winfield and Liberty products are consistent with the path forward for disposition of existing stocks for other existing stocks amendment requests and voluntary cancellations for chlorpyrifos requested by registrants. Existing stocks for the products identified in this order are those stocks of registered pesticide products that are currently in the United States and that were packaged, labeled, and released for shipment prior to August 31, 2022, for the Liberty products and May 4, 2023, for the Winfield products. At this time, EPA is amending the existing stocks provisions in the August 31, 2022 cancellation order as they VerDate Sep<11>2014 17:57 Jun 17, 2024 Jkt 262001 apply to the Liberty chlorpyrifos products mentioned in this notice. EPA has determined that the following existing stocks provisions are not inconsistent with the purposes of FIFRA, given the limited amount of existing stocks and the limited time allowed for use of the existing stocks outlined below: • Sale and distribution of existing stocks of Liberty Chlorpyrifos Bifenthrin (EPA Reg. No. 89168–20) and Liberty Chlorpyrifos 4E (EPA Reg. Nos. 89168– 24) is permitted until April 30, 2025. • Use of existing stocks of Liberty Chlorpyrifos Bifenthrin (EPA Reg. No. 89168–20) and Liberty Chlorpyrifos 4E (EPA Reg. Nos. 89168–24) must be consistent with the product labeling. Such use is permitted until June 30, 2025. Use of existing stocks Liberty Chlorpyrifos Bifenthrin (EPA Reg. No. 89168–20) and Liberty Chlorpyrifos 4E (EPA Reg. Nos. 89168–24) for non-food purposes is permitted until existing stocks are exhausted, as long as such use is in accordance with the labeling. At this time, EPA is amending the existing stocks provisions in the May 4, 2023 cancellation order as they apply to the Winfield products identified in this notice. EPA has determined that the following existing stocks provisions are not inconsistent with the purposes of FIFRA given the limited amount of existing stocks and the limited time allowed for use of the existing stocks outlined below: • Sale and distribution of existing stocks of Tundra Supreme (EPA Reg. No. 1381–243), CPF 4E (EPA Reg. No. 83222–20), and CPF 15G (EPA Reg. No. 83222–34) is permitted until April 30, 2025. • Use of existing stocks of Tundra Supreme (EPA Reg. No. 1381–243), CPF 4E (EPA Reg. No. 83222–20), and CPF 15G (EPA Reg. No. 83222–34) must be consistent with the product labeling. Such use is permitted until June 30, 2025. Use of existing stocks Tundra Supreme (EPA Reg. No. 1381–243), CPF 4E (EPA Reg. No. 83222–20), and CPF 15G (EPA Reg. No. 83222–34) for nonfood purposes is permitted until existing stocks are exhausted, as long as such use is in accordance with the labeling. After these dates, all sale, distribution, and use of existing stocks is prohibited, except for sale and distribution for export consistent with FIFRA section 17 (7 U.S.C. 136o) and for proper disposal. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 Dated: June 11, 2024. Anne Overstreet, Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs. [FR Doc. 2024–13349 Filed 6–17–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–11932–01–R5] Request for Nominations to the Great Lakes Advisory Board Environmental Protection Agency (EPA). ACTION: Notice of request for nominations. AGENCY: The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates who desire to serve as members of EPA’s Great Lakes Advisory Board (GLAB). The GLAB is chartered to provide advice and recommendations to the EPA Administrator, through the Great Lakes National Program Manager, on matters related to the Great Lakes Restoration Initiative and on domestic matters related to the implementation of the Great Lakes Water Quality Agreement between the U.S. and Canada. For appointment consideration, nominations should be submitted by July 30, 2024. Sources in addition to this Federal Register notice may also be utilized in the solicitation of nominees. FOR FURTHER INFORMATION CONTACT: Alana Davicino, Designated Federal Officer, Great Lakes National Program Office, U.S. Environmental Protection Agency, 77 West Jackson Boulevard, (G– 9J), Chicago, Illinois; telephone number: 312–886–2307, email address: davicino.alana@epa.gov. SUPPLEMENTARY INFORMATION: Background: The GLAB was established in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., 10) and 41 CFR 102–3.50(d). The board will provide advice and recommendations on matters related to the Great Lakes Restoration Initiative. The board will also advise on domestic matters related to implementation of the Great Lakes Water Quality Agreement between the U.S. and Canada. The major objectives will be to provide advice and recommendations on: a. Great Lakes protection and restoration activities; b. Long term goals, objectives, and priorities for Great Lakes protection and restoration; and SUMMARY: E:\FR\FM\18JNN1.SGM 18JNN1

Agencies

[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51521-51522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13349]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0223; FRL-11987-01-OCSPP]


Chlorpyrifos; Amendment to Existing Stocks Provisions in Winfield 
and Liberty Product Cancellation Orders

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On August 31, 2022, EPA issued a final order cancelling 
several products, including those voluntarily requested by Liberty Crop 
Protection, LLC (Liberty) and accepted by the Agency, pursuant to the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On May 4, 
2023, EPA issued a final cancellation order including three products 
voluntarily requested by Winfield Solutions, LLC (Winfield) and 
accepted by the Agency. The Agency is issuing this notice to amend the 
existing stocks provisions in the August 31, 2022 and May 4, 2023 
orders, for the products listed in this document.

ADDRESSES: The docket for this action, identified under docket 
identification (ID) number EPA-HQ-OPP-2022-0223, is available online at 
https://www.regulations.gov. Additional instructions on visiting the 
docket, along with more information about dockets generally, is 
available at https://www.epa.gov/dockets.

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

Does this action apply to me?

    This action is directed to the public in general and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may be interested, the Agency 
has not attempted to describe all the specific entities that may be 
affected by this action.

II. What action is the Agency taking?

    In the August 31, 2022 Cancellation Order for Certain Chlorpyrifos 
Registrations (87 FR 53471) (FRL-10138-01-OCSPP), EPA granted Liberty's 
request to cancel its three chlorpyrifos products. In the May 4, 2023 
Cancellation Order for Certain Chlorpyrifos Registrations and Uses (88 
FR 28541) (FRL-10924-01-OCSPP). EPA granted Winfield's request to 
cancel three chlorpyrifos products. Both of these orders noted that all 
chlorpyrifos tolerances had been revoked, and thus all use on food, 
sale, and distribution of existing stocks for the products identified 
in that order were inconsistent with the purposes of FIFRA, with some 
exceptions. The May 4, 2023 order allowed for distribution of existing 
stocks consistent with return agreements approved by EPA. Both orders 
permitted existing stocks to be sold and distributed for export and for 
proper disposal.
    Subsequent to the issuance of the May 4, 2023 cancellation order, 
the U.S. Court of Appeals for the Eighth Circuit vacated EPA's rule 
revoking all tolerances. See Red River Valley Sugarbeet Growers 
Associations, et. al vs Regan, 85 F.4th 881 (8th Cir. 2023). On 
February 5, 2024, EPA issued a Federal Register notice to amend the 
Code of Federal Regulations (CFR) to reflect the court's reinstatement 
of those tolerances (89 FR 7625) (FRL-5993-06-OCSPP). At this time, all 
chlorpyrifos tolerances in effect prior to the 2021 tolerance rule have 
been reinstated and are currently in effect. See 40 CFR 180.342. With 
the tolerances in place, both Winfield and Liberty requested amendments 
to the terms of the cancellation orders governing

[[Page 51522]]

disposition of their existing stocks to allow for sale, distribution, 
and use.
    Because the reinstatement of the chlorpyrifos tolerances means that 
chlorpyrifos products can be used in accordance with their labeling 
without concern for adulterated food, EPA is amending the August 31, 
2022 cancellation order to update the existing stocks provisions as 
they apply to the following Liberty products:
     Liberty Chlorpyrifos Bifenthrin (EPA Reg. No. 89168-20).
     Liberty Chlorpyrifos 4E (EPA Reg. No. 89168-24).
    The registrant for these listed products is Liberty Crop 
Protection, LLC, and its address is 1880 Fall River Drive, Suite #100, 
Loveland, CO 80538.
    EPA is also amending the May 4, 2023 cancellation order to update 
the existing stocks provisions as they relate to the following Winfield 
products:
     Tundra Supreme (EPA Reg. No. 1381-243).
     CPF 4E (EPA Reg. No. 83222-20).
     CPF 15G (EPA Reg. No. 83222-34).
    The registrant for all three of the listed products is Winfield 
Solutions, LLC, and its address is 1080 County Rd., F West, MS5705, 
P.O. Box 64589, St. Paul, MN 55164.

III. Provisions for Disposition of Existing Stocks

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a 
registrant of a pesticide product may at any time request that any of 
its pesticide registrations be cancelled or amended to terminate one or 
more registered uses. Since the tolerances for chlorpyrifos residues on 
food commodities have been reinstated by the Eighth Circuit, food 
bearing chlorpyrifos residues could be sold in interstate commerce. EPA 
has noted however, that it intends to issue a new rulemaking revoking 
several chlorpyrifos tolerances in the near future. In the meantime, 
the following amendments to the existing stocks provisions for Winfield 
and Liberty products are consistent with the path forward for 
disposition of existing stocks for other existing stocks amendment 
requests and voluntary cancellations for chlorpyrifos requested by 
registrants.
    Existing stocks for the products identified in this order are those 
stocks of registered pesticide products that are currently in the 
United States and that were packaged, labeled, and released for 
shipment prior to August 31, 2022, for the Liberty products and May 4, 
2023, for the Winfield products.
    At this time, EPA is amending the existing stocks provisions in the 
August 31, 2022 cancellation order as they apply to the Liberty 
chlorpyrifos products mentioned in this notice. EPA has determined that 
the following existing stocks provisions are not inconsistent with the 
purposes of FIFRA, given the limited amount of existing stocks and the 
limited time allowed for use of the existing stocks outlined below:
     Sale and distribution of existing stocks of Liberty 
Chlorpyrifos Bifenthrin (EPA Reg. No. 89168-20) and Liberty 
Chlorpyrifos 4E (EPA Reg. Nos. 89168-24) is permitted until April 30, 
2025.
     Use of existing stocks of Liberty Chlorpyrifos Bifenthrin 
(EPA Reg. No. 89168-20) and Liberty Chlorpyrifos 4E (EPA Reg. Nos. 
89168-24) must be consistent with the product labeling. Such use is 
permitted until June 30, 2025. Use of existing stocks Liberty 
Chlorpyrifos Bifenthrin (EPA Reg. No. 89168-20) and Liberty 
Chlorpyrifos 4E (EPA Reg. Nos. 89168-24) for non-food purposes is 
permitted until existing stocks are exhausted, as long as such use is 
in accordance with the labeling.
    At this time, EPA is amending the existing stocks provisions in the 
May 4, 2023 cancellation order as they apply to the Winfield products 
identified in this notice. EPA has determined that the following 
existing stocks provisions are not inconsistent with the purposes of 
FIFRA given the limited amount of existing stocks and the limited time 
allowed for use of the existing stocks outlined below:
     Sale and distribution of existing stocks of Tundra Supreme 
(EPA Reg. No. 1381-243), CPF 4E (EPA Reg. No. 83222-20), and CPF 15G 
(EPA Reg. No. 83222-34) is permitted until April 30, 2025.
     Use of existing stocks of Tundra Supreme (EPA Reg. No. 
1381-243), CPF 4E (EPA Reg. No. 83222-20), and CPF 15G (EPA Reg. No. 
83222-34) must be consistent with the product labeling. Such use is 
permitted until June 30, 2025. Use of existing stocks Tundra Supreme 
(EPA Reg. No. 1381-243), CPF 4E (EPA Reg. No. 83222-20), and CPF 15G 
(EPA Reg. No. 83222-34) for non-food purposes is permitted until 
existing stocks are exhausted, as long as such use is in accordance 
with the labeling.
    After these dates, all sale, distribution, and use of existing 
stocks is prohibited, except for sale and distribution for export 
consistent with FIFRA section 17 (7 U.S.C. 136o) and for proper 
disposal.

    Dated: June 11, 2024.
Anne Overstreet,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2024-13349 Filed 6-17-24; 8:45 am]
BILLING CODE 6560-50-P
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