[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Notices]
[Pages 52459-52462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13779]



[[Page 52459]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0223; FRL-11967-01-OCSPP]


Final Cancellation Order for Cancelling Certain Pesticide 
Registrations and Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA or ``Agency'') 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 June 
9, 2023, Federal Register Notice of Receipt of Requests from the 
registrants in Table 3 of Unit II. to voluntarily cancel or amend these 
product registrations. In the June 9, 2023, notice, EPA indicated that 
it would issue a final cancellation order implementing the 
cancellations, unless the Agency received substantive comments within 
the comment period that would merit further review of these requests, 
or unless the registrants withdrew their requests. The Agency received 
five comments on the notice, which are summarized in Unit III.B. The 
registrants did not withdraw their requests for these voluntary 
cancellations and 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 June 24, 2024.

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.

                   Table 1--Chlorpyrifos Registrations With Specific Uses That Are Terminated
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          Registration No.                Product name               Company            Uses that are deleted
----------------------------------------------------------------------------------------------------------------
93182-3............................  Chlorpyrifos Technical  Gharda Chemicals        Alfalfa (except in AZ, CO,
                                                              International, Inc.     IA, ID, 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).

[[Page 52460]]

 
93182-7............................  Pilot 4E Chlorpyrifos   Gharda Chemicals        Alfalfa (except in AZ, CO,
                                      Agricultural            International, Inc.     IA, ID, IL, KS, MI, MN,
                                      Insecticide.                                    MO, MT, ND, NE, NM, 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
                                      Agricultural            International, Inc.     floors (except in AL, FL,
                                      Insecticide.                                    GA, NC, SC, TX), 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 Cancellations
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           Registration No.               Company No.             Product name             Active ingredients
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62719-72..............................           62719   Dursban 50W in Water Soluble   Chlorpyrifos.
                                                          Packets.
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      Table 3--Registrants Requesting Voluntary Cancellation and/or
                    Termination of Chlorpyrifos Uses
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          EPA Company No.                 Company name and address
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62719.............................  Corteva Agriscience, LLC, 9330
                                     Zionsville Road, Indianapolis, IN
                                     46268.
93182.............................  Gharda Chemicals International,
                                     Inc., 4032 Crockers Lake Blvd.,
                                     Suite 818, Sarasota, FL 34238.
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[[Page 52461]]

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 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 June 9, 
2023 (88 FR 37875) (FRL-11017-01-OCSPP). The registrants did not waive 
the 180-day comment period for these voluntary requests, and, as a 
result, the comment period had a closing date of December 6, 2023.
    The Final Rule was challenged by Gharda and multiple grower groups 
in the U.S. Court of Appeals for the Eighth Circuit. On November 2, 
2023, the Eighth Circuit issued a decision vacating the Final Rule and 
remanding the matter to EPA for further proceedings. On December 28, 
2023, the Eighth Circuit's opinion became effective; accordingly, all 
chlorpyrifos tolerances vacated by the Final Rule were reinstated. On 
February 5, 2024, EPA issued a Federal Register notice to amend the 
Code of Federal Regulations to reflect the court's reinstatement of 
those tolerances (89 FR 7625) (FRL-5993-06-OCSPP). At this time, all 
the chlorpyrifos tolerances in effect prior to the Final Rule have been 
reinstated and are currently in effect.
    After requests from Gharda and multiple grower groups to extend the 
public comment period due to the Eighth Circuit decision, on December 
6, 2023, EPA extended the comment period for the requests at issue in 
this notice for an additional 42 days. EPA again extended the comment 
period on January 17, 2024, for an additional 30 days. Following these 
extensions, the comment period ended on February 16, 2024.

B. Summary of Comments Received

    During the extended public comment period, EPA received five public 
comments in response to the June 9, 2023, notice. The comments can be 
found in the docket for this action and are briefly summarized here.
    Two comments were submitted by a private citizen in support of 
banning chlorpyrifos, and one comment was submitted anonymously by a 
private citizen generally supporting the cancellation of the pesticide. 
These three comments were not specific to either of the registrant 
requests being finalized by this order. Two public comments were 
submitted by a representative for multiple grower groups, including Red 
River Valley Sugarbeet Growers Association, U.S. Beet Sugar 
Association, American Sugarbeet Growers Association, Southern Minnesota 
Beet Sugar Cooperative, American Crystal Sugar Company, Minn-Dak 
Farmers Cooperative, American Farm Bureau Federation, American Soybean 
Association, Iowa Soybean Association, Minnesota Soybean Growers 
Association, Missouri Soybean Association, Nebraska Soybean 
Association, South Dakota Soybean Association, North Dakota Soybean 
Growers Association, National Association of Wheat Growers, Cherry 
Marketing Institute, Florida Fruit and Vegetable Association, and 
Georgia Fruit and Vegetable Growers Association, and National Cotton 
Council of America (``grower groups'').
    One of the comments submitted by the grower groups requested an 
extension of the comment period. The other comment from this group 
expressed support for EPA's plans (not at issue in this order) to 
revoke all chlorpyrifos tolerances other than those for the 11 crops 
referenced in the Agency's December 2020 Chlorpyrifos Proposed Interim 
Decision (PID). The grower groups also expressed concern for ensuring 
that Gharda's products would be available for use in the 2024 growing 
season. The grower groups requested that their input be considered 
regarding label changes for those 11 crops. The grower groups also 
requested that no additional changes (e.g., application rate 
reductions) to the labels of chlorpyrifos products be made until after 
EPA completes its evaluation and rulemaking process to modify the 
tolerances, in order to reduce confusion and uncertainty for growers in 
the upcoming growing season.

C. EPA Response to Comments

    Regarding the comments submitted by the grower groups, the 
termination of food uses and cancellation of products included in the 
notice of June 9, 2023, were voluntarily requested by the registrants, 
which is permissible at any time pursuant to FIFRA section 6(f)(1). 
After the Eighth Circuit decision, the registrants affirmed their 
interest in moving forward with their pending cancellation requests; no 
requests were withdrawn. In this final cancellation order, EPA is 
fulfilling these requests from the registrants. The terms for sale, 
distribution, and use of the existing stocks of the products identified 
in Tables 1 and 2 of this order are included in Section VI of this 
cancellation order. Since the tolerances for chlorpyrifos are in place, 
use of chlorpyrifos products on crops consistent with label directions 
will not result in adulterated food.
    In response to the grower group's comment requesting an opportunity 
to provide input to the label revisions and requesting that no other 
label changes be approved until after EPA completes its evaluation and 
rulemaking process to modify the tolerances, these comments are 
relevant to a label amendment process that is outside the scope of this 
cancellation order. Nevertheless, as a matter of transparency, EPA 
notes that it is currently working with the registrants to remove all 
food uses from the labels of chlorpyrifos products, except for the 11 
food uses discussed in the 2020 Proposed Interim Registration Review 
Decision (PID) for chlorpyrifos. As discussed in the supporting 
documents, those 11 remaining uses need to be limited to certain 
geographic areas, application rates, and numbers of applications based 
on the 2020 Updated Drinking Water Assessment, the 2020 Human Health 
Risk Assessment, and the 2020 PID.

IV. The Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)(1)), EPA hereby 
approves the requested amendments to terminate uses and cancellation of 
the registration identified in Table 1 and Table 2 of Unit II., 
respectively. Accordingly, the Agency hereby orders that the uses

[[Page 52462]]

identified for the products listed in Table 1 of Unit II. are 
terminated and the product registration identified in Table 2 of Unit 
II. is cancelled.
    The cancellations and amendments addressed in this Order are 
effective June 24, 2024. 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 VI will be a violation of FIFRA.

V. 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 registrant requests 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.
    Because no such requests or determinations were made, EPA provided 
a 180-day comment period with additional time extensions. Comments were 
submitted to which EPA has responded above.

VI. Provisions for Disposition of Existing Stocks

A. Products Listed in Table 1 of Unit II

    Existing stocks for the products identified in this document 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. 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 Chlorpyrifos 
Technical (EPA Reg. No. 93182-3) is permitted until June 30, 2024.
     Sale and distribution of existing stocks of Pilot 4E 
Chlorpyrifos Agricultural Insecticide (EPA Reg. No. 93182-7) and Pilot 
15G Chlorpyrifos Agricultural Insecticide (EPA Reg. No. 93182-8) is 
permitted until April 30, 2025.
     Use of existing stocks of Pilot 4E Chlorpyrifos 
Agricultural Insecticide (EPA Reg. No. 93182-7) and Pilot 15G 
Chlorpyrifos Agricultural Insecticide (EPA Reg. No. 93182-8) on food, 
food processing sites, and food manufacturing sites must be consistent 
with the product labeling. Such use is permitted until June 30, 2025.
     Use of existing stocks of Pilot 4E Chlorpyrifos 
Agricultural Insecticide (EPA Reg. No. 93182-7) and Pilot 15G 
Chlorpyrifos Agricultural Insecticide (EPA Reg. No. 93182-8) 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 respective 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.

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. Therefore, EPA is allowing sale and distribution of 
existing stocks of that product for one year after publication of the 
cancellation order. Thereafter, sale and distribution of existing 
stocks of the product will be prohibited, except for export consistent 
with FIFRA section 17 (7 U.S.C. 136o), or for proper disposal in 
accordance with state regulations.
    Use of existing stocks is permitted until such stocks are 
exhausted, provided that 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 17, 2024.
Jean Overstreet,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2024-13779 Filed 6-21-24; 8:45 am]
BILLING CODE 6560-50-P