[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Page 5332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01655]



[[Page 5332]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0223; FRL-10138-02-OCSPP]


Chlorpyrifos; Amendment to Provisions for Disposition of Existing 
Stocks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On August 31, 2022, EPA announced its order for the 
cancellations for 16 chlorpyrifos products (including the products 
listed in Table 1 of Unit II.) pursuant to the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), which were voluntarily 
requested by the registrants and accepted by the Agency. The Agency is 
issuing this notice to amend the existing stocks provisions in that 
order, specifically 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 (7508P), 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?

    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. The provisions for disposition of existing stocks 
laid out in Unit IV. of the Cancellation Order for Certain Chlorpyrifos 
Registrations (87 FR 53471, August 31, 2022 (FRL-10138-01-OCSPP)) are 
as follows: ``Because chlorpyrifos tolerances have been revoked and use 
of chlorpyrifos renders food adulterated all sale, distribution, and 
use of the chlorpyrifos products identified in Table 1 of Unit I. is 
prohibited, except for export consistent with FIFRA section 17 (7 
U.S.C. 136o), or for proper disposal.'' It was recently called to the 
Agency's attention that the cancelled products identified in the August 
31, 2022 order (Table 1), were registered for only non-food uses or had 
labels which did not include food uses.

             Table 1--Chlorpyrifos Product Registrations With Revised Provisions for Existing Stocks
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         EPA registration No.                            Product name                            Company
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499-405..............................  Whitmire PT 1920 Total Release Insecticide......  BASF.
499-367..............................  Whitmire PT 275 DUR-O-CAP Microencapsulated       BASF.
                                        Chlorpyrifos.
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    Table 2--Registrants With Revised Provisions for Existing Stocks
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       EPA company No.                  Company name and address
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499..........................  BASF Corporation, 26 Davis Drive, P.O.
                                Box 13528, Research Triangle Park, NC
                                27709-3528.
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    Pesticide products containing chlorpyrifos that are registered for 
only non-food uses were not impacted by the tolerance revocation, and 
thus the same reasons for prohibiting sale, distribution, and use do 
not apply. Therefore, EPA is amending the cancellation order to provide 
different existing stocks language for the products listed in Table 1 
and for the registrant in Table 2.

III. 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. At this time, the Agency has identified no 
significant potential risk concerns associated with the products 
identified in Table 1 of Unit II. Therefore, EPA is allowing the 
registrant listed in Table 2 of Unit II. to sell and distribute 
existing stocks of these products for one year after publication of the 
August 31, 2022. Cancellation Order in the Federal Register (87 FR 
53471). As such, the registrant may sell the products in Table 1 until 
August 31, 2023. Thereafter, registrant listed in Table 2 of Unit II. 
will be prohibited from selling or distributing the pesticide products 
identified in Table 1 of Unit II., except for export consistent with 
FIFRA section 17 (7 U.S.C. 136o) or for proper disposal.
    Persons other than registrants will generally be allowed to sell, 
distribute, or use existing stocks until such stocks are exhausted, 
provided that such sale, distribution, or use is consistent with the 
terms of the previously approved labeling on, or that accompanied, the 
canceled products.

List of Subjects in 40 CFR Part 180

    Environmental protection, Pesticides and pests, Cancellation.

    Dated: January 23, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2023-01655 Filed 1-26-23; 8:45 am]
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