[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Page 83942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26438]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0223; FRL-11548-01-OCSPP]


Chlorpyrifos; Amendment to Existing Stocks Provisions of 
Chlorpyrifos Cancellation Order for Certain Chlorpyrifos Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On August 31, 2022, EPA announced its final cancellation order 
for 16 chlorpyrifos products, voluntarily requested by the registrants 
and accepted by the Agency, pursuant to the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA). This notice amends the existing 
stocks terms of that cancellation order with respect to one product 
Liberty Chlorpyrifos 4E registered by Liberty Crop Protection, LLC, and 
its supplemental distributor product, Vesper, registered by Innvictis 
Crop Care, LLC (Innvictis).

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

FOR FURTHER INFORMATION CONTACT: Patricia Biggio, Pesticide Re-
Evaluation Division (7508M), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 566-0700; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

Does this action apply to me?

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

II. What action is the Agency taking?

    On August 31, 2022, EPA issued an order cancelling several 
chlorpyrifos products, including Liberty Chlorpyrifos 4E (EPA Reg. No. 
89168-24). See 87 FR 53471 (August 31, 2022) (FRL-10138-01-OCSPP). The 
provisions for disposition of existing stocks laid out in Unit IV of 
that cancellation order prohibited all sale, distribution, and use of 
the cancelled chlorpyrifos products, ``except for export consistent 
with FIFRA section 17, 7 U.S.C. 136o or for proper disposal.'' These 
terms also apply to Vesper (EPA Reg. No. 89168-24-89391), which is a 
supplemental distributor product of Liberty Chlorpyrifos 4E. See 40 CFR 
152.132(e).
    Since that time, Adama has developed a return program agreement 
with EPA that facilitates the return of certain chlorpyrifos products 
to Adama. See Cancellation Order for Certain Chlorpyrifos Uses and 
Registrations, 88 FR 28541 (May 4, 2023) (FRL-10924-01-OCSPP). Adama 
has requested that EPA allow them to accept returns of existing stocks 
of Liberty Chlorpyrifos 4E (EPA Reg. No. 89168-24) and its supplemental 
distributor product, Vesper (EPA Reg. No. 89168-24-89391). To allow for 
the legal and orderly disposition of those products, EPA is amending 
the August 31, 2022 cancellation order to allow distribution of Liberty 
Chlorpyrifos 4E (EPA Reg. No. 89168-24), including its supplemental 
distributor product Vesper (EPA Reg. No. 89168-24-89391), consistent 
with the terms of Adama's revised return program agreement.

III. Provisions for Disposition of Existing Stocks and Returning 
Products to Adama

    Adama previously requested, and EPA approved, the return of 
existing stocks of its own registrations that are in the hands of end 
users and distributors. At this time, the Agency is also allowing Adama 
to accept existing stocks of Liberty Chlorpyrifos 4E (EPA Reg. No. 
89168-24) and Vesper (EPA Reg. No. 89168-24-89391). Existing stocks are 
those stocks of registered pesticide products that were (and still are) 
in the United States and packaged, labeled, and released for shipment 
prior to August 31, 2022.
    The Liberty Chlorpyrifos 4E product and the Vesper product are only 
registered for use on food crops; therefore, use of existing stocks 
continue to be prohibited. Moreover, because sale and distribution of 
chlorpyrifos products for use on food and feed is inconsistent with the 
purposes of FIFRA, all sale and distribution of the Liberty 
Chlorpyrifos 4E product and the Vesper product discussed herein is 
prohibited, except for export consistent with FIFRA section 17 (7 
U.S.C. 136o); proper disposal; or distribution consistent with the 
terms of the individual return program agreement EPA has approved for 
Adama. Adama's revised return program agreement was approved by the 
Agency on October 31, 2023. Adama was notified of the approval of their 
return program agreements on October 31, 2023.
    Additional information regarding the revised chlorpyrifos return 
programs for Adama may be found in https://www.regulations.gov/docket/EPA-HQ-OPP-2021-0523 and/or https://www.regulations.gov/docket/EPA-HQ-OPP-2022-0223 or by contacting the registrants at Liberty and Innvictis 
(208) 296-1503 and Adama (866) 406-6262; [email protected].

    Dated: November 8, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2023-26438 Filed 11-30-23; 8:45 am]
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