[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Notices]
[Pages 64458-64460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17453]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0223; FRL-11828-02-OCSPP]


Chlorpyrifos; Final Cancellation Order for Certain Pesticide 
Registrations and Amendment of Certain Pesticide Registrations To 
Terminate Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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 listed 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 notice 
in the Federal Register of April 3, 2024, that announced EPA's receipt 
of and sought comment on requests from the registrants in Table 3 of 
Unit II. to voluntarily cancel or amend these product registrations. In 
the April 3, 2024 notice, EPA indicated that it would issue a final 
cancellation order implementing the requests, 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 two 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 the products 
listed Table 1 and

[[Page 64459]]

Table 2 of Unit II are subject to the existing stocks provisions in 
this cancellation order and permitted only in accordance with the terms 
of this order.

DATES: The cancellations and amendments are effective August 7, 2024.

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, are 
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. 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?

    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 Amended To Terminate Uses
----------------------------------------------------------------------------------------------------------------
       Registration No.              Product name                 Company                 Terminated Uses
----------------------------------------------------------------------------------------------------------------
81964-21.....................  Chlorpyrifos 61.5% MUP..  Chemstarr, LLC..........  Food processing plants (food
                                                                                    and non-food areas).
84229-20.....................  Chlorpyrifos 4 EC.......  Tide International......  Food uses: Alfalfa; apple
                                                                                    tree trunk; asparagus;
                                                                                    Brassica (Cole) leafy
                                                                                    vegetables: radish,
                                                                                    rutabaga, turnip,
                                                                                    cauliflower, broccoli,
                                                                                    Brussels sprout, cabbage,
                                                                                    Chinese cabbage, collards,
                                                                                    kale, kohlrabi; citrus:
                                                                                    calamondin, chironja, citrus
                                                                                    citron, citrus hybrids,
                                                                                    grapefruit, kumquat, lemon,
                                                                                    lime, mandarin (tangerine),
                                                                                    pummelo, Satsuma mandarin,
                                                                                    sour orange, sweet orange,
                                                                                    tangelo, tangor; corn (field
                                                                                    and sweet); cotton;
                                                                                    cranberry; legume vegetable:
                                                                                    adzuki bean, bean, blackeyed
                                                                                    pea, broad bean (dry and
                                                                                    succulent), catjang,
                                                                                    chickpea, cowpea, crowder
                                                                                    pea, English pea, field
                                                                                    bean, field pea, garden pea,
                                                                                    grain lupin, green pea,
                                                                                    guar, lima bean (dry and
                                                                                    green), kidney bean, lablab
                                                                                    bean, lentil, moth bean,
                                                                                    mung bean, navy bean, pea,
                                                                                    pigeon pea, pinto bean, rice
                                                                                    bean, southern pea, sweet
                                                                                    lupin, tepary bean, urd
                                                                                    bean, white lupin, white
                                                                                    sweet lupin; onion (dry
                                                                                    bulb); peanut; peppermint;
                                                                                    sorghum (grain sorghum
                                                                                    (milo)); soybean; spearmint;
                                                                                    sugar beet; sunflower; sweet
                                                                                    potato; tree fruits: cherry,
                                                                                    nectarine, peach, pear,
                                                                                    plum, and prune; tree nuts:
                                                                                    almonds, filbert, pecan and
                                                                                    walnut; and wheat.
----------------------------------------------------------------------------------------------------------------


               Table 2--Chlorpyrifos Product Cancellations
------------------------------------------------------------------------
                                                              Active
 EPA registration No.    Product name       Company        ingredients
------------------------------------------------------------------------
89459-72.............  Equil            Central Garden   Chlorpyrifos.
                        Chlorpyrifos     & Pet.
                        ULV 1.
89459-73.............  Equil            Central Garden   Chlorpyrifos.
                        Chlorpyrifos     & Pet.
                        ULV 2.
------------------------------------------------------------------------


Table 3--Registrants Requesting Voluntary Cancellation or Termination of
                                  Uses
------------------------------------------------------------------------
          EPA company No.                  Company name and address
------------------------------------------------------------------------
81964..............................  Chemstarr, LLC, Agent Name: Pyxis
                                      Regulatory Consulting, Inc., 4110
                                      136th Street Ct NW, Gig Harbor, WA
                                      98332.
84229..............................  Tide International USA, Inc., Agent
                                      Name: Pyxis Regulatory Consulting,
                                      Inc., 4110 136th Street Ct NW, Gig
                                      Harbor, WA 98332.
89459..............................  Central Garden & Pet, 1501 E
                                      Woodfield Rd., Suite 200W,
                                      Schaumburg, IL 60173.
------------------------------------------------------------------------

III. Public Comments

A. Brief History

    In 2021, EPA issued a rule revoking chlorpyrifos tolerances on the 
grounds that they were not safe (86 FR 48315, August 30, 2021 (FRL-
5993-04-OCSPP)). Once those tolerances expired on February 28, 2022, 
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.
    In 2024, EPA announced the receipt of and sought comment on such 
requests from the registrants identified

[[Page 64460]]

in Table 3 of Unit II. (89 FR 23011, April 3, 2024 (FRL-11821-01-
OCSPP)). Since the registrants waived the 180-day comment period for 
these voluntary requests, EPA provided a 30-day comment period on the 
proposed requests, which closed on May 3, 2024.

B. Summary of Comments Received

    EPA received two comments in response to the notice that published 
in the Federal Register of April 3, 2024. The comments are in the 
docket for this action and are briefly summarized here.
    Neither of the comments specified the products listed in Table 1 or 
Table 2 of Unit II., but both comments were supportive of the 
cancellation of the pesticide. One commenter summarized studies found 
on the Breast Cancer Prevention Partners website. The other comment 
stated that the proposed provisions for using existing stocks for food 
uses until June 30, 2025 would subject workers, bystanders, and 
consumers to health risks, and were not consistent with FIFRA.

C. EPA Response to Comments

    This cancellation action is responsive to registrants' requests to 
cancel specific products and specific uses. In response to both 
commenters, under FIFRA section 6(f), registrants may, at any time, 
seek to cancel their products or seek to amend their registrations to 
terminate specific uses. Under that provision of the statute, EPA 
provides an opportunity for public comment and then acts on the 
request. Cancellation of other products or uses that are not requested 
by the registrants occurs under other provisions of FIFRA, which is 
beyond the scope of this action and EPA's authority in FIFRA section 
6(f).
    In addition, in response to the comment submitted by Earthjustice, 
EPA has determined that the 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 in Unit VI.
    Regarding the studies on the Breast Cancer Prevention Partners 
website referenced in the other submitted comment, the commenter may 
wish to submit this information for consideration during the next 
public comment period on the registration review of chlorpyrifos, when 
all currently registered uses of chlorpyrifos will be evaluated.
    EPA determined that neither comment merited denial of the 
registrants' requests for cancellation and amendment.

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 cancel the 
registrations identified in Table 1 and Table 2 of Unit II., 
respectively. Accordingly, the Agency hereby orders that the uses 
identified for the products listed in Table 1 of Unit II. are 
terminated, and the product registrations identified in Table 2 of Unit 
II. are cancelled.
    The cancellations and amendments addressed in this Order are 
effective August 7, 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?

    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. FIFRA further provides that, before acting on the 
request, EPA must publish a notice of receipt of any such request in 
the Federal Register and provide a public comment period. EPA must 
publish a notice in the Federal Register to take final action on such 
requests and respond to comments received.

VI. Provisions for Disposition of Existing Stocks

    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 in this unit.

A. Products Listed in Table 1 of Unit II

     Sale and distribution of existing stocks of Chlorpyrifos 
61.5% MUP (81964-21) will not be permitted after the final cancellation 
order is issued. Although the April 3, 2024 notice indicated that EPA 
intended to allow sale and distribution of this product until April 30, 
2025, that date was intended to apply to end use products only and thus 
does not apply because this is a MUP. This will also help limit the 
amount of additional chlorpyrifos end use products that can be produced 
from this MUP.
     Sale and distribution of existing stocks of Chlorpyrifos 4 
EC (84229-20) will be permitted until April 30, 2025.
     Use of existing stocks of Chlorpyrifos 4 EC (84229-20) on 
food, food processing sites, and food manufacturing sites must be 
consistent with the product labeling and will be permitted until June 
30, 2025.
     Use of existing stocks of Chlorpyrifos 61.5% MUP (81964-
21) and Chlorpyrifos 4 EC (84229-20) 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, sale and distribution of existing stocks 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.

B. Products Listed in Table 2 of Unit II

    The products listed in Table 2 of Unit II. bear labeling only for 
non-food use. Therefore, EPA is allowing sale and distribution of 
existing stocks of those products 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: August 2, 2024.
Jean Overstreet,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2024-17453 Filed 8-6-24; 8:45 am]
BILLING CODE 6560-50-P