[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37875-37877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12354]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0223; FRL-11017-01-OCSPP]


Chlorpyrifos; Notice of Receipt of Requests To Voluntarily Cancel 
Certain Pesticide Registrations and Amend Registrations To Terminate 
Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide and 
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests 
by registrants to voluntarily cancel registrations of certain products 
containing the pesticide chlorpyrifos and to amend their chlorpyrifos 
registrations to terminate one or more uses. EPA intends to grant these 
requests at the close of the comment period for this announcement 
unless the Agency receives substantive comments within the comment 
period that would merit further review of the requests, or unless the 
registrants withdraw their requests. If these requests are granted, any 
sale, distribution, or use of the products listed in this notice after 
the registrations have been cancelled or the uses terminated would need 
to be consistent with the terms as described in the final order.

DATES: Comments must be received on or before December 6, 2023.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2022-0223, is available 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 the latest status 
information on EPA/DC services and docket access, visit 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

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. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
https://www.regulations.gov or email. If you wish to include CBI in 
your comment, please follow the applicable instructions at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly mark the 
part or all of the information that you claim to be CBI. In addition to 
one complete version of the comment that includes information claimed 
as CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. What action is the Agency taking?

    This notice announces receipt by the Agency of requests from 
registrants to cancel certain pesticide product registrations and 
terminate certain uses of product registrations. The affected 
registrations are listed in sequence by registration number in Table 1 
and Table 2 of this unit. Table 3 of this unit includes the names and 
addresses of record for the registrants of the products listed in Table 
1 and Table 2 of this Unit, in sequence by EPA company number. This 
company number corresponds to the first part of the EPA registration 
numbers of the products listed in Table 1 and Table 2 of this unit.
    Unless the Agency determines that there are substantive comments 
that warrant further review of the requests or the registrants withdraw 
their requests, EPA intends to issue a final order in the Federal 
Register terminating the affected uses and cancelling the affected 
registrations.

[[Page 37876]]



                Table 1--Chlorpyrifos Registrations With Pending Requests for Termination of Use
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      Registration No.            Product name              Company                  Uses to be deleted
----------------------------------------------------------------------------------------------------------------
93182-3....................  Chlorpyrifos Technical  Gharda Chemicals       Alfalfa (except in AZ, CO, IA, ID,
                                                      International, Inc.    IL, KS, MI, MN, MO, MT, ND, NE, NM,
                                                                             NV, OK, OR, SD, TX, UT, WA, WI,
                                                                             WY), banana, blueberry, caneberry,
                                                                             cherimoya, citrus fruits (except in
                                                                             AL, FL, GA, NC, SC, TX), corn,
                                                                             cotton (except in AL, FL, GA, NC,
                                                                             SC, VA), cranberries, cucumber,
                                                                             date, feijoa, figs, grapes,
                                                                             kiwifruit, leek, legume vegetables
                                                                             (except soybean), mint, onions (dry
                                                                             bulb), pea, peanuts, pepper,
                                                                             pumpkin, sweet potatoes, sugarcane,
                                                                             sorghum, soybeans (except in AL,
                                                                             CO, FL, GA, IA, IL, IN, KS, KY, MN,
                                                                             MO, MT, NC, ND, NE, NM, OH, OK, PA,
                                                                             SC, SD, TN, TX, VA, WI, WV, WY),
                                                                             sunflowers, sugar beets (except in
                                                                             IA, ID, IL, MI, MN, ND, OR, WA,
                                                                             WI), strawberries (except in OR),
                                                                             tree fruit (apples (except in AL,
                                                                             DC, DE, GA, ID, IN, KY, MD, MI, NJ,
                                                                             NY, OH, OR, PA, TN, VA, VT, WA,
                                                                             WV), cherries (except tart cherries
                                                                             in MI), peaches (except in AL, DC,
                                                                             DE, FL, GA, MD, MI, NC, NJ, NY, OH,
                                                                             PA, SC, TX, VA, VT, WV) and
                                                                             nectarines), pears, plums/prunes,
                                                                             tree nuts (almonds, filberts,
                                                                             pecans and walnuts), vegetables
                                                                             (cauliflower, broccoli, Brussels
                                                                             sprouts, cabbage, collards, kale,
                                                                             kohlrabi, turnips, radishes, and
                                                                             rutabagas), and wheat (except
                                                                             spring wheat in CO, KS, MO, MT, ND,
                                                                             NE, SD, WY and winter wheat in CO,
                                                                             IA, KS, MN, MO, MT, ND, NE, OK, SD,
                                                                             TX, WY).
93182-7....................  Pilot 4E Chlorpyrifos   Gharda Chemicals       Alfalfa (except in AZ, CO, IA, ID,
                              Agricultural            International, Inc.    IL, KS, MI, MN, MO, MT, ND, NE, NM,
                              Insecticide.                                   NV, OK, OR, SD, TX, UT, WA, WI,
                                                                             WY), apple (except in AL, DC, DE,
                                                                             GA, ID, IN, KY, MD, MI, NJ, NY, OH,
                                                                             OR, PA, TN, VA, VT, WA, WV),
                                                                             asparagus, brassica (cole) leafy
                                                                             vegetables, broccoli, broccoli
                                                                             rabe, Brussels sprouts, cabbage,
                                                                             cauliflower, cavalo broccoli,
                                                                             Chinese broccoli, Chinese cabbage,
                                                                             collards, kale, kohlrabi, mizuna,
                                                                             mustard greens, mustard spinach,
                                                                             rape greens, radish, rutabaga,
                                                                             turnip, citrus fruits and citrus
                                                                             orchard floors (except in AL, FL,
                                                                             GA, NC, SC, TX), corn (field corn
                                                                             and sweet corn, including corn
                                                                             grown for seed), cotton (except in
                                                                             AL, FL, GA, NC, SC, VA),
                                                                             cranberries, figs, grape, legume
                                                                             vegetables (succulent or dried,
                                                                             adzuki bean, asparagus bean, bean,
                                                                             blackeyed pea, broad bean (dry and
                                                                             succulent), catjang, chickpea,
                                                                             Chinese longbean, cowpea, crowder
                                                                             pea, dwarf bean, 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 (dry and green), 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,
                                                                             tepary bean, urd bean, white lupin,
                                                                             white sweet lupin, yardlong bean),
                                                                             onions (dry bulb), peanut, pear,
                                                                             peppermint and spearmint, sorghum--
                                                                             grain sorghum (milo), soybean
                                                                             (except in AL, CO, FL, GA, IA, IL,
                                                                             IN, KS, KY, MN, MO, MT, NC, ND, NE,
                                                                             NM, OH, OK, PA, SC, SD, TN, TX, VA,
                                                                             WI, WV, WY), strawberry (except in
                                                                             OR), sugar beet (except in IA, ID,
                                                                             IL, MI, MN, ND, OR, WA, WI),
                                                                             sunflower, sweet potato, almond,
                                                                             walnut (dormant/delayed dormant
                                                                             sprays), tree fruits (except apple,
                                                                             peaches, and cherries) and almond,
                                                                             tree nuts (foliar sprays), tree nut
                                                                             orchard floors, wheat (except
                                                                             spring wheat in CO, KS, MO, MT, ND,
                                                                             NE, SD, WY and winter wheat in CO,
                                                                             IA, KS, MN, MO, MT, ND, NE, OK, SD,
                                                                             TX, WY), cherries (except tart
                                                                             cherries in MI), nectarine, plum,
                                                                             prune, peaches (except in AL, DC,
                                                                             DE, FL, GA, MD, MI, NC, NJ, NY, OH,
                                                                             PA, SC, TX, VA, VT, WV).
93182-8....................  Pilot 15G Chlorpyrifos  Gharda Chemicals       Citrus and citrus orchard floors
                              Agricultural            International, Inc.    (except in AL, FL, GA, NC, SC, TX),
                              Insecticide.                                   Cole crops (Brassica) leafy
                                                                             vegetables: (Bok choy, broccoli,
                                                                             Brussels sprouts, cabbage, Chinese
                                                                             cabbage, cauliflower, collards,
                                                                             kale, kohlrabi, broccoli rabe,
                                                                             Chinese broccoli), onions (dry
                                                                             bulb), radishes, rutabagas, sweet
                                                                             potatoes, corn, alfalfa (except in
                                                                             AZ, CO, IA, ID, IL, KS, MI, MN, MO,
                                                                             MT, ND, NE, NM, NV, OK, OR, SD, TX,
                                                                             UT, WA, WI, WY), sorghum--grain
                                                                             sorghum (milo), soybeans (except in
                                                                             AL, CO, FL, GA, IA, IL, IN, KS, KY,
                                                                             MN, MO, MT, NC, ND, NE, NM, OH, OK,
                                                                             PA, SC, SD, TN, TX, VA, WI, WV,
                                                                             WY), peanuts, sugar beets (except
                                                                             in IA, ID, IL, MI, MN, ND, OR, WA,
                                                                             WI), turnips, and sunflowers.
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   Table 2--Chlorpyrifos Product Registration With Pending Request for
                              Cancellation
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                                                              Active
   Registration No.      Company No.     Product name      ingredients
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62719-72.............           62719  Dursban 50W in    Chlorpyrifos.
                                        Water Soluble
                                        Packets.
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[[Page 37877]]


      Table 3--Registrants Requesting Voluntary Cancellation and/or
                           Termination of Uses
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      EPA company No.                 Company name and address
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62719.....................  Corteva Agriscience, LLC, 9330 Zionsville
                             Rd., Indianapolis, IN 46268.
93182.....................  Gharda Chemicals International, Inc., 4032
                             Crockers Lake Blvd., Suite 818, Sarasota,
                             FL 34238.
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III. What is the Agency's authority for taking these actions?

    FIFRA section 6(f)(1) (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.
    FIFRA section 6(f)(1)(B) (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. In addition, FIFRA section 6(f)(1)(C) 
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment 
period on a request for voluntary cancellation or termination of any 
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the 
pesticide would pose an unreasonable adverse effect on the environment.
    EPA is exercising its discretion not to waive the 180-day comment 
period. No waiver requests have been made by the registrants listed in 
Table 3, in which case, EPA would typically provide the 180-day comment 
period. In this instance, while there is a concern for food uses 
remaining registered in the absence of tolerances, the products 
identified in this document cannot be used on food--for the products 
identified in Table 1, tolerances have been revoked, which means that 
any use of the products in Table 1 on food would render the food 
adulterated; the product in Table 2 is not registered for use on food. 
Moreover, there is an ongoing proceeding to cancel the products 
identified in Table 1 under FIFRA section 6(b) (7 U.S.C. 136d(b)). 
Therefore, EPA is providing a 180-day comment period.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation or 
use termination/deletion should submit such withdrawal in writing to 
the person listed under FOR FURTHER INFORMATION CONTACT. If the 
products have been subject to a previous cancellation action, the 
effective date of cancellation and all other provisions of any earlier 
cancellation action are controlling.

V. 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.
    If the requests for voluntary cancellation and amendments to 
terminate uses are granted, the Agency intends to publish a final 
cancellation order in the Federal Register. In any order issued in 
response to these requests for cancellation of product registrations 
and for amendments to terminate uses, EPA proposes to include the 
following provisions for the treatment of any existing stocks of the 
products listed in Tables 1 and 2 of Unit II.

A. Products Listed in Table 1 of Unit II

    If EPA grants the registrant's request to terminate uses for the 
products listed in Table 1 of Unit II, the existing stocks of those 
products will continue to bear labeling for use on food and non-food 
use sites. 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 FIFRA; therefore, EPA will prohibit any use 
of existing stocks for use on food, including the food uses that the 
registrant seeks to retain. Use of existing stocks of chlorpyrifos 
products identified in Table 1 of Unit II will be permitted only for 
non-food uses identified on the existing labels, as long as such use is 
consistent with the label.
    EPA intends to prohibit all sale and distribution of existing 
stocks of the chlorpyrifos products identified in Table 1 of Unit II 
because those products would continue to bear labeling allowing use on 
food, for which there are no tolerances, except for export consistent 
with FIFRA section 17 (7 U.S.C. 136o), or for proper disposal in 
accordance with state regulations. In addition, if EPA and Gharda 
develop an agreement for return of Gharda's products, EPA intends to 
include in the final cancellation order terms allowing for distribution 
consistent with that return program.

B. Product Listed in Table 2 of Unit II

    The product listed in Table 2 of Unit II bears labeling only for 
non-food use. At this time, EPA has identified no significant potential 
risk concerns associated with the product identified in Table 2 of Unit 
II. Therefore, EPA intends to allow Corteva to sell and distribute 
existing stocks of that product for one year after publication of the 
cancellation order. Thereafter, Corteva will be prohibited from selling 
and distributing existing stocks of the product, except for export 
consistent with FIFRA section 17 (7 U.S.C. 136o), or for proper 
disposal in accordance with state regulations.
    Persons other than Corteva 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 
cancelled products.
    Authority: 7 U.S.C. 136 et seq.

    Dated: June 5, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2023-12354 Filed 6-8-23; 8:45 am]
BILLING CODE 6560-50-P