[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76213-76216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24462]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0223; FRL-11467-01-OCSPP]


Final 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 to 
terminate uses voluntarily requested by the registrants and accepted by 
the Agency, of the products in Table 1 and Table 2 of Unit II, pursuant 
to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 
This final cancellation order follows a May 3, 2023, Federal Register 
Notice of Receipt of Requests from the registrants listed in Table 3 of 
Unit II, to voluntarily cancel or amend these product registrations. In 
the May 3, 2023, notice, EPA indicated that it would issue a final 
order implementing the cancellations and amendments, unless the Agency 
received substantive comments within the 30-day comment period that 
would merit further review of these requests, or unless the registrants 
withdrew their requests. The Agency received two comments on the 
notice, 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 to terminate uses as 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 November 6, 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. Please review the additional 
information about the docket available at https://www.epa.gov/dockets.

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.

[[Page 76214]]



                                         Table 1--Product Cancellations
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         EPA registration No.             Company No.            Product name              Active ingredients
----------------------------------------------------------------------------------------------------------------
228-620...............................             228  Nufarm Chlorpyrifos SPC 2.32%   Chlorpyrifos.
                                                         G Insecticide.
228-621...............................             228  Nufarm Chlorpyrifos SPC 1.0%    Chlorpyrifos.
                                                         MCB Insecticide.
228-624...............................             228  Nufarm Chlorpyrifos SPC 4       Chlorpyrifos.
                                                         Insecticide.
228-625...............................             228  Nufarm Chlorpyrifos SPC 2       Chlorpyrifos.
                                                         Insecticide.
53883-394.............................           53883  CSI 16-150 Chlorpyrifos 42....  Chlorpyrifos.
53883-407.............................           53883  CSI 16-149 Chlorpyrifos 20....  Chlorpyrifos.
84229-25..............................           84229  Chlorpyrifos 4E AG............  Chlorpyrifos.
84229-26..............................           84229  Chlorpyrifos 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
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11678-58..............................           11678  Pyrinex Chlorpyrifos       Food processing plants.
                                                         Insecticide.
66222-19..............................           66222  Chlorpyrifos 4E AG.......  Food processing and food
                                                                                    manufacturing sites.
66222-233.............................           66222  Vulcan...................  Food processing and food
                                                                                    manufacturing sites.
85724-10..............................           85724  Akofos 48 EC.............  Food uses: Alfalfa, apple
                                                                                    (including apple tree
                                                                                    trunk), asparagus, cherries,
                                                                                    citrus fruits (calamondin,
                                                                                    chironja, citrus citron,
                                                                                    citrus hybrids, grapefruit,
                                                                                    kumquat, lemons, limes,
                                                                                    mandarin (tangerine),
                                                                                    oranges, pummelo, satsuma
                                                                                    mandarin, tangelo, tangor,
                                                                                    and other citrus fruit,
                                                                                    small transplanted
                                                                                    grapefruit, orange, and
                                                                                    other citrus trees), corn,
                                                                                    cotton, cranberries, figs,
                                                                                    grapes, legume vegetables
                                                                                    (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, English 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, peanuts,
                                                                                    pears, sorghum grain (milo),
                                                                                    soybeans, strawberries,
                                                                                    sugar beets, sunflowers,
                                                                                    sweet potatoes, tree fruits
                                                                                    (apples, pears, plums,
                                                                                    prunes, peaches,
                                                                                    nectarines), tree nuts
                                                                                    (almonds, filberts, pecans,
                                                                                    walnuts), vegetables
                                                                                    (rutabaga, broccoli,
                                                                                    Brussels sprout, cabbage,
                                                                                    cauliflower, Chinese
                                                                                    cabbage, collards, kale,
                                                                                    kohlrabi, turnips,
                                                                                    radishes), wheat, and food
                                                                                    processing plants.
                                                                                   Nonfood uses: Tobacco.
----------------------------------------------------------------------------------------------------------------


Table 3--Registrants Requesting Voluntary Cancellation or Termination of
                                  Uses
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        EPA company No.                  Company name and address
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228............................  NuFarm, 4020 Aerial Center Pkwy., Suite
                                  101, Morrisville, NC 27560.
11678..........................  ADAMA US, 3120 Highwoods Boulevard,
                                  Suite 100, Raleigh, NC 27604.
53883..........................  Control Solutions, Inc., 5903 Genoa Red
                                  Bluffs Road, Pasadena, TX 77507.
66222..........................  ADAMA US, 3120 Highwoods Boulevard,
                                  Suite 100, Raleigh, NC 27604.
84229..........................  Tide International USA, Inc., Agent
                                  Name: Pyxis Regulatory Consulting,
                                  INC., 4110 136TH Street CT NW, Gig
                                  Harbor, WA 98332.
85724..........................  AAKO B.V., c/o Ceres International LLC,
                                  1087 Heartsease Drive, West Chester,
                                  PA 19382.
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III. Public Comments

A. Brief History

    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 they were not safe (the ``Final Rule''). 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 a stay 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 the Final Rule and requests for 
hearing on those objections, as well as requests for stay of the Final 
Rule (the ``Denial Order'').
    Since the objections process did not result in any changes to the 
Final Rule, chlorpyrifos tolerances expired on February 28, 2022, under 
the terms of 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 registered 
chlorpyrifos products or

[[Page 76215]]

amend their chlorpyrifos pesticide products to remove food uses. The 
registrants identified in Table 3 of Unit II, among others, submitted 
such requests. Notice of EPA's receipt of these requests was published 
for comment in the Federal Register on May 3, 2023 (``Notice of 
Receipt''). The 30-day public comment period closed on June 2, 2023.

B. Summary of Comments Received

    During the public comment period, EPA received two comments in 
response to the Notice of Receipt. 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 
anonymously by a private citizen generally supporting the cancellation 
of the pesticide.
    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 Notice of 
Receipt. 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 Denial Order in the U.S. 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 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.

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 
section 6(f)(1) of FIFRA allows registrants to submit, at any time, a 
request that EPA cancel their registrations or amend their 
registrations to terminate one or more uses. 7 U.S.C. 136d(f)(1)(A). A 
registrant may have a variety of reasons for requesting voluntary 
cancellation of a pesticide product registration at any time, 
including, for example, lack of interest in maintaining the 
registration, market conditions, costs of maintaining the registration, 
or the pesticide no longer being marketed.
    EPA cannot compel registrants to maintain registrations if they 
request to voluntarily cancel them. The resolution and timing of the 
litigation in the Eighth Circuit is still unknown, and therefore, 
retention of the registrations could subject registrants to additional 
maintenance fees and responsibilities for those registrations 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 on sugarbeets as the commenters 
desire. As noted in Unit III.A. above, all tolerances for residues of 
chlorpyrifos have been revoked. The revocation of the tolerances means 
that application of chlorpyrifos to food or feed crops, including 
sugarbeets, will result in adulterated food and/or feed which cannot be 
shipped in interstate commerce. While cancellation of the eight 
products in Table 1 and amendment of four 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.

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 to terminate uses 
of the registrations identified in Table 1 and Table 2 of Unit II. 
Accordingly, the Agency hereby orders that the product registrations 
identified in Table 1 of Unit II are cancelled and the uses identified 
on the products listed in Table 2 of Unit II are terminated.
    The cancellations and amendments addressed in this Order are 
effective November 6, 2023. Any distribution, sale, or use of existing 
stocks of the products identified in Tables 1 and 2 of Unit II 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. Section 6(f)(1)(B) of FIFRA (7 U.S.C. 
136d(f)(1)(B)) further provides that, before acting on the request for 
voluntary cancellation or amendment, EPA must publish a notice of 
receipt of any such request in the Federal Register and 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 May 3, 2023 (88 FR 
27882) (FRL-10923-01-OCSPP). The 30-day public comment period closed on 
June 2, 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 existing 
stocks of chlorpyrifos products identified in Tables 1 and 2 that are 
already in the hands of end-users to be used only for non-food uses 
identified on the existing labels, until those existing stocks are 
exhausted, as long as such use is consistent with the label. All other 
use of existing stocks of these chlorpyrifos products are prohibited.
    Because sale and distribution of chlorpyrifos products bearing 
labeling 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 II. is prohibited with the following 
exceptions:
    1. Existing stocks of all products listed in Tables 1 and 2 may be 
sold or distributed for export consistent with FIFRA section 17 (7 
U.S.C. 136o) and for proper disposal.
    2. Since the issuance of the May 3, 2023, Notice, EPA has realized 
that some of the products listed in Table 1 do not bear any labeling 
for use on food.

[[Page 76216]]

Accordingly, existing stocks of those products, which are listed below, 
may be sold or distributed for one year after the date of this 
cancellation order:
     Nufarm Chlorpyrifos SPC 2.32% G Insecticide (EPA Reg. No. 
228-620).
     Nufarm Chlorpyrifos SPC 1.0% MCB Insecticide (EPA Reg. No. 
228-621).
     Nufarm Chlorpyrifos SPC 4 Insecticide (EPA Reg. No. 228-
624).
     Nufarm Chlorpyrifos SPC 2 Insecticide (EPA Reg. No. 228-
625).
    3. Existing stocks of the following products may be distributed 
consistent with the Control Solutions, Inc. (``CSI'') return program 
agreement that EPA approved on October 12, 2023.
     CSI 16-150 Chlorpyrifos 42 (EPA Reg. No. 53883-394).
     CSI 16-149 Chlorpyrifos 20 (EPA Reg. No. 53883-407).
     Quali-Pro Chlorpyrifos 4E (EPA Reg. No. 66222-19). Quali-
Pro Chlorpyrifos 4E is an alternate brand name for Chlorpyrifos 4E AG 
(EPA Reg. No. 66222-19).
    EPA notified CSI of the approval of their return program agreement 
on October 12, 2023.
    This cancellation order also amends the cancellation order 
published in the Federal Register on May 4, 2023 (88 FR 28541) (FRL-
10924-01-OCSPP) by clarifying that any products with the EPA Reg. No. 
66222-19 and bearing the alternate brand name of Quali-Pro Chlorpyrifos 
4E may be distributed to CSI pursuant to the CSI return program 
agreement referenced above. Products with the EPA Reg. No. 66222-19 and 
bearing the primary brand name of Chlorpyrifos 4E AG may continue to be 
returned to Adama as per the return program agreement approved by EPA 
on April 19, 2023, under the terms of the May 4 cancellation order.
    Additional information regarding the chlorpyrifos return program 
for Control Solutions, Inc. may be found in https://www.regulations.gov/docket/EPA-HQ-OPP-2022-0223 or by contacting the 
registrant at: Control Solutions, Inc. (800) 242-5562 or email: [email protected].

    Dated: October 26, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2023-24462 Filed 11-3-23; 8:45 am]
BILLING CODE 6560-50-P