[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51521-51522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13349]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0223; FRL-11987-01-OCSPP]


Chlorpyrifos; Amendment to Existing Stocks Provisions in Winfield 
and Liberty Product Cancellation Orders

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On August 31, 2022, EPA issued a final order cancelling 
several products, including those voluntarily requested by Liberty Crop 
Protection, LLC (Liberty) and accepted by the Agency, pursuant to the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On May 4, 
2023, EPA issued a final cancellation order including three products 
voluntarily requested by Winfield Solutions, LLC (Winfield) and 
accepted by the Agency. The Agency is issuing this notice to amend the 
existing stocks provisions in the August 31, 2022 and May 4, 2023 
orders, 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 (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?

    In the August 31, 2022 Cancellation Order for Certain Chlorpyrifos 
Registrations (87 FR 53471) (FRL-10138-01-OCSPP), EPA granted Liberty's 
request to cancel its three chlorpyrifos products. In the May 4, 2023 
Cancellation Order for Certain Chlorpyrifos Registrations and Uses (88 
FR 28541) (FRL-10924-01-OCSPP). EPA granted Winfield's request to 
cancel three chlorpyrifos products. Both of these orders noted that all 
chlorpyrifos tolerances had been revoked, and thus all use on food, 
sale, and distribution of existing stocks for the products identified 
in that order were inconsistent with the purposes of FIFRA, with some 
exceptions. The May 4, 2023 order allowed for distribution of existing 
stocks consistent with return agreements approved by EPA. Both orders 
permitted existing stocks to be sold and distributed for export and for 
proper disposal.
    Subsequent to the issuance of the May 4, 2023 cancellation order, 
the U.S. Court of Appeals for the Eighth Circuit vacated EPA's rule 
revoking all tolerances. See Red River Valley Sugarbeet Growers 
Associations, et. al vs Regan, 85 F.4th 881 (8th Cir. 2023). On 
February 5, 2024, EPA issued a Federal Register notice to amend the 
Code of Federal Regulations (CFR) to reflect the court's reinstatement 
of those tolerances (89 FR 7625) (FRL-5993-06-OCSPP). At this time, all 
chlorpyrifos tolerances in effect prior to the 2021 tolerance rule have 
been reinstated and are currently in effect. See 40 CFR 180.342. With 
the tolerances in place, both Winfield and Liberty requested amendments 
to the terms of the cancellation orders governing

[[Page 51522]]

disposition of their existing stocks to allow for sale, distribution, 
and use.
    Because the reinstatement of the chlorpyrifos tolerances means that 
chlorpyrifos products can be used in accordance with their labeling 
without concern for adulterated food, EPA is amending the August 31, 
2022 cancellation order to update the existing stocks provisions as 
they apply to the following Liberty products:
     Liberty Chlorpyrifos Bifenthrin (EPA Reg. No. 89168-20).
     Liberty Chlorpyrifos 4E (EPA Reg. No. 89168-24).
    The registrant for these listed products is Liberty Crop 
Protection, LLC, and its address is 1880 Fall River Drive, Suite #100, 
Loveland, CO 80538.
    EPA is also amending the May 4, 2023 cancellation order to update 
the existing stocks provisions as they relate to the following Winfield 
products:
     Tundra Supreme (EPA Reg. No. 1381-243).
     CPF 4E (EPA Reg. No. 83222-20).
     CPF 15G (EPA Reg. No. 83222-34).
    The registrant for all three of the listed products is Winfield 
Solutions, LLC, and its address is 1080 County Rd., F West, MS5705, 
P.O. Box 64589, St. Paul, MN 55164.

III. Provisions for Disposition of Existing Stocks

    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. Since the tolerances for chlorpyrifos residues on 
food commodities have been reinstated by the Eighth Circuit, food 
bearing chlorpyrifos residues could be sold in interstate commerce. EPA 
has noted however, that it intends to issue a new rulemaking revoking 
several chlorpyrifos tolerances in the near future. In the meantime, 
the following amendments to the existing stocks provisions for Winfield 
and Liberty products are consistent with the path forward for 
disposition of existing stocks for other existing stocks amendment 
requests and voluntary cancellations for chlorpyrifos requested by 
registrants.
    Existing stocks for the products identified in this order 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 August 31, 2022, for the Liberty products and May 4, 
2023, for the Winfield products.
    At this time, EPA is amending the existing stocks provisions in the 
August 31, 2022 cancellation order as they apply to the Liberty 
chlorpyrifos products mentioned in this notice. EPA has determined that 
the following existing stocks provisions are not inconsistent with the 
purposes of FIFRA, given the limited amount of existing stocks and the 
limited time allowed for use of the existing stocks outlined below:
     Sale and distribution of existing stocks of Liberty 
Chlorpyrifos Bifenthrin (EPA Reg. No. 89168-20) and Liberty 
Chlorpyrifos 4E (EPA Reg. Nos. 89168-24) is permitted until April 30, 
2025.
     Use of existing stocks of Liberty Chlorpyrifos Bifenthrin 
(EPA Reg. No. 89168-20) and Liberty Chlorpyrifos 4E (EPA Reg. Nos. 
89168-24) must be consistent with the product labeling. Such use is 
permitted until June 30, 2025. Use of existing stocks Liberty 
Chlorpyrifos Bifenthrin (EPA Reg. No. 89168-20) and Liberty 
Chlorpyrifos 4E (EPA Reg. Nos. 89168-24) for non-food purposes is 
permitted until existing stocks are exhausted, as long as such use is 
in accordance with the labeling.
    At this time, EPA is amending the existing stocks provisions in the 
May 4, 2023 cancellation order as they apply to the Winfield products 
identified in this notice. EPA has determined that the following 
existing stocks provisions are not inconsistent with the purposes of 
FIFRA given the limited amount of existing stocks and the limited time 
allowed for use of the existing stocks outlined below:
     Sale and distribution of existing stocks of Tundra Supreme 
(EPA Reg. No. 1381-243), CPF 4E (EPA Reg. No. 83222-20), and CPF 15G 
(EPA Reg. No. 83222-34) is permitted until April 30, 2025.
     Use of existing stocks of Tundra Supreme (EPA Reg. No. 
1381-243), CPF 4E (EPA Reg. No. 83222-20), and CPF 15G (EPA Reg. No. 
83222-34) must be consistent with the product labeling. Such use is 
permitted until June 30, 2025. Use of existing stocks Tundra Supreme 
(EPA Reg. No. 1381-243), CPF 4E (EPA Reg. No. 83222-20), and CPF 15G 
(EPA Reg. No. 83222-34) for non-food purposes is permitted until 
existing stocks are exhausted, as long as such use is in accordance 
with the labeling.
    After these dates, all sale, distribution, and use of existing 
stocks is prohibited, except for sale and distribution for export 
consistent with FIFRA section 17 (7 U.S.C. 136o) and for proper 
disposal.

    Dated: June 11, 2024.
Anne Overstreet,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2024-13349 Filed 6-17-24; 8:45 am]
BILLING CODE 6560-50-P