[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]


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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.

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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.
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                     Table 2--Chlorpyrifos Registrations With Specific Uses To Be Terminated
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           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
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          EPA company No.                 Company name and address
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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.
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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]
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