65 FR 183 pgs. 56886-56894 - Chlorpyrifos; Receipt of Requests for Amendments, Cancellations, andNotification of Tolerance Revocation and Modifications
Type: NOTICEVolume: 65Number: 183Pages: 56886 - 56894
Docket number: [OPP-34203D; FRL-6743-7]
FR document: [FR Doc. 00-24211 Filed 9-19-00; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
ENVIRONMENTAL PROTECTION AGENCY
[OPP-34203D; FRL-6743-7]
Chlorpyrifos; Receipt of Requests for Amendments, Cancellations, andNotification of Tolerance Revocation and Modifications
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Notice.
SUMMARY:
The companies that hold the pesticide registrations ofmanufacturing-use pesticide products containing chlorpyrifos [O,O-diethylO-(3,5,6-trichloro-2-pyridinyl)phosphorothioate] have asked EPA tocancel their registrations for these products. In addition, these companies have asked EPA tocancel or amend their registrations for end-use products containing chlorpyrifos. Pursuantto section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA isannouncing the Agency's receipt of these requests from the registrants. These requests forvoluntary cancellation and amendment are the result of a memorandum of agreement signed byEPA and a number of registrants of products containing chlorpyrifos on June 7, 2000, andancillary agreements signed by other registrants shortly thereafter. Given the potential risks, bothdietary and non-dietary, that chlorpyrifos use poses, especially to children, EPA intends togrant the requested cancellations and amendments to delete uses. EPA also plans to issue acancellation order for the deleted uses and the canceled registrations at the close of the commentperiod for this announcement. Upon the issuance of the cancellation order, any distribution, sale,or use of chlorpyrifos products will only be permitted if such distribution, sale, or use isconsistent with the terms of that order. In addition, EPA is announcing its intention to revoke thetolerance for chlorpyrifos residues in or on tomatoes and to lower the tolerance for chlorpyrifosresidues in or on apples and grapes.
DATES:
Comments on the requested amendments to delete uses and therequested registration cancellations must be submitted to the address provided below andidentified by docket control number OPP-34203D. Comments must be received on orbefore October 20, 2000.
ADDRESSES:
Comments may be submitted by mail, electronically, or inperson. Please follow the detailed instructions for each method as provided in Unit I. of the SUPPLEMENTARY INFORMATION . To ensure proper receipt by EPA, it isimperative that you identify docket control number OPP-34203D in the subject line onthe first page of your response.
FOR FURTHER INFORMATION CONTACT:
Tom Myers,Special Review and Reregistration Division (7508C), Office of Pesticide Programs,Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;telephone number: 703 308-8589; fax number: 703-308-8041; e-mail address: myers.tom@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general. You may be potentially affected bythis action if you manufacture, sell, distribute, or use chlorpyrifos products. The CongressionalReview Act, 5 U.S.C. 801 et seq. , as added by the Small Business RegulatoryEnforcement Fairness Act of 1996, does not apply because this action is not a rule, for purposesof 5 U.S.C. 804(3). Since other entities may also be interested, the Agency has not attempted todescribe all the specific entities that may be affected by this action. If you have any questionsregarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT .
B. How Can I Get Additional Information, Including Copies of this Document andOther Related Documents?
1. Electronically . You may obtain electronic copies of thisdocument, and certain other related documents that might be available electronically, from theEPA Internet Home Page at http://www.epa.gov/. To access this document, on the Home Pageselect "Laws and Regulations," "Regulations and Proposed Rules"and then look up the entry for this document under the " FederalRegister -Environmental Documents." You can also go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/. To accessinformation about the risk assessment for chlorpyrifos, go to the Home Page for the Office ofPesticide Programs or go directly to http://www.epa.gov/pesticides/op/chlorpyrifos.htm.
2. In person . The Agency has established an official record forthis action under docket control number OPP-34203D. The official record consists of thedocuments specifically referenced in this action, any public comments received during anapplicable comment period, and other information related to this action, including anyinformation claimed as Confidential Business Information (CBI). This official record includesthe documents that are physically located in the docket, as well as the documents that arereferenced in those documents. The public version of the official record does not include anyinformation claimed as CBI. The public version of the official record, which includes printed,paper versions of any electronic comments submitted during an applicable comment period, isavailable for inspection in the Public Information and Records Integrity Branch (PIRIB), Rm.119, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 a.m. to 4 p.m.,Monday through Friday, excluding legal holidays. The PIRIB telephone number is (703)305-5805.
C. How and to Whom Do I Submit Comments?
You may submit comments through the mail, in person, or electronically. Toensure proper receipt by EPA, it is imperative that you identify docket control numberOPP-34203D in the subject line on the first page of your response.
1. By mail . Submit your comments to: Public Information andRecords Integrity Branch (PIRIB), Information Resources and Services Division (7502C), Officeof Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460.
2. In person or by courier . Deliver your comments to: PublicInformation and Records Integrity Branch (PIRIB), Information Resources and Services Division(7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119,Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB telephone numberis (703) 305-5805.
3. Electronically. You may submit your commentselectronically by e-mail to: opp-docket@epa.gov, or you can submit a computer disk asdescribed above. Do not submit any information electronically that you consider to be CBI.Avoid the use of special characters and any form of encryption. Electronic submissions will beaccepted in WordPerfect 6.1/8.0 or ASCII file format. All comments in electronic form must beidentified by docket control number OPP-34203D. Electronic comments may also befiled online at many Federal Depository Libraries.
D. How Should I Handle CBI that I Want to Submit to the Agency?
Do not submit any information electronically that you consider to be CBI. Youmay claim information that you submit to EPA in response to this document as CBI by markingany part or all of that information as CBI. Information so marked will not be disclosed except inaccordance with procedures set forth in 40 CFR part 2. In addition to one complete version ofthe comment that includes any information claimed as CBI, a copy of the comment that does notcontain the information claimed as CBI must be submitted for inclusion in the public version ofthe official record. Information not marked confidential will be included in the public version ofthe official record without prior notice. If you have any questions about CBI or the proceduresfor claiming CBI, please consult the person listed under FOR FURTHERINFORMATION CONTACT .
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used that supportyour views.
4. If you estimate potential burden or costs, explain how you arrived at the estimatethat you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the notice or collection activity.
7. Make sure to submit your comments by the deadline in this notice.
8. To ensure proper receipt by EPA, be sure to identify the docket control numberassigned to this action in the subject line on the first page of your response. You may alsoprovide the name, date, and Federal Register citation.
II. Receipt of Requests to Cancel and Amend Registrations to Delete Uses.
A. Background
In a memorandum of agreement (Agreement) effective June 7, 2000, EPA and anumber of registrants of pesticide products containing chlorpyrifos agreed to several voluntarymeasures that will reduce the potential exposure to children associated with chlorpyrifoscontaining products. Shortly thereafter, EPA and several other pesticide registrants ofmanufacturing-use products containing chlorpyrifos signed ancillary agreements in whichthe parties agreed to comply with the terms of the June 7, 2000, agreement. EPA initiated thenegotiations with registrants after finding chlorpyrifos, as currently registered, was an exposurerisk especially to children. As part of the Agreement, the signatory registrants that hold thepesticide registrations of manufacturing-use pesticide products containing chlorpyrifos haveasked EPA to cancel their registrations for these products. In addition, these companies haveasked EPA to cancel or amend their registrations for end-use products containingchlorpyrifos. Pursuant to section 6(f)(1) of FIFRA, EPA is announcing the Agency's receipt of these requests from the registrants. Withrespect to the registration amendments, the companies have asked EPA to amend end-useproduct registrations to delete the following uses: all termite control uses (these will be phasedout); all residential uses (except for ant and roach baits in child resistant packaging (CRP) and fireant mound drenches for public health purposes by licensed applicators and mosquito control forpublic health purposes by public health agencies); all indoor non-residential uses (exceptship holds, industrial plants, manufacturing plants, food processing plants, and containerized baitsin CRP); all outdoor non-residential sites (except golf courses, road medians, industrialplant sites, non-structural wood treatments, and fire ant mound drenches for public healthpurposes by licensed applicators and mosquito control for public health purposes by public healthagencies); and use on tomatoes and post-bloom apple trees. With respect to the registrationcancellations, the companies have submitted replacement applications for registration with newlabeling that would also eliminate all of these uses. In addition, the companies agreed to limit themaximum chlorpyrifos end-use dilution to 0.5% active ingredient (a.i.) for termiticide usesthat will be phased out, limit the maximum label application rate for outdoornon-residential use on golf courses, road medians, and industrial plant sites to 1 lb/a.i. peracre, and either classify all new/amended chlorpyrifos products (except baits in CRP) asRestricted Use or package the products in large containers, depending on the formulation type, toensure that remaining chlorpyrifos products are not available to homeowners. In return, EPAstated that with this Agreement, it had no current intention to initiate any cancellation orsuspension proceedings under section 6(b) or 6(c) of FIFRA with respect to the issues addressedin the Agreement.
B. Requests for Voluntary Cancellation of Manufacturing-Use Products
Pursuant to the Agreement and FIFRA section 6(f)(1)(A), the registrants have submittedrequests for voluntary cancellation of registrations for their manufacturing-use products.The registrations for which cancellations were requested are identified in the following Table 1:
| Company | Reg. No. | Product |
|---|---|---|
| AventisEnvironmental Science USA | 432-570: | UltratecInsecticide w/ SBP-1382/Chlorpyrifos Trans. E.C.1.6%-16% |
| 432 -571: | UltratecInsecticide w/ SBP-1382/Chlorpyrifos Trans. E.C.3.2%-16% | |
| 432-615: | Ultratec Insecticide w/Chlorpyrifos/EsbiothrinTrans. E.C. 2.5%-25% | |
| 432-649: | UltratecInsecticide w/ SBP-1382/Chlorpyrifos Trans. E.C.1.6%-16% | |
| 432-661: | Ultratec Insecticide w/ Chlorpyrifos/Esbiothrin Trans. | |
| 432-662: | Ultratec Insecticide w/ ChlorpyrifosTrans. Emuls. 25% | |
| 432-682: | Ultratec Insecticide w/Chlorpyrifos/Pyr/PBO Trans.Emuls. 1.5-7.5-15 | |
| 432-692: | Ultratec Insecticide w/ SBP-1382/Chlorpyrifos Trans. E.C.3.2%-16% LO | |
| 432-718: | SBP-1382/Chlorpyrifos Trans. E.C.3.2%-16% LO For Pres.Spray | |
| 432-1019: | Niagara P-D5 Residual InsecticideIntermediate | |
| 432-1095: | PyrenoneDursban Aqueous Base | |
| 432-1104: | Pyrenone Dursban W-B | |
| 432-1106: | Pyrenone Dursban Aqueous Base II | |
| Verdant Brands, Inc. | 769-690: | SMCP DFC-4Formulators Concentrate |
| McLaughlin GormleyKing Company | 1021-1215: | Pyrocide Intermediate 7129 |
| 1021-1220: | D-Trans Intermediate 1957 | |
| 1021-1221: | Pyrocide Intermediate 7130 | |
| 1021-1434: | Esbiol Intermediate 2235 | |
| 1021-1438: | D-TransIntermediate 2247 | |
| 1021-1444: | MulticideIntermediate 2253 | |
| 1021-1506: | D-Trans Intermediate 2321 | |
| 1021-1707: | Multicide Concentrate 2748 | |
| 1021-1717: | MulticideIntermediate 2745 | |
| Griffin LLC | 1812-429: | Questor MUPInsecticide |
| Cheminova, Inc. | 4787-27: | ChlorpyrifosTechnical |
| 4787-29: | Cyren MUC | |
| 4787-30: | Cyren 150Concentrate | |
| 4787-32: | Cyren RT | |
| 3M Company | 10350- 10: | Dursban 20MEC |
| Makhteshim-Agan ofNorth America Inc | 11678-45: | Pyrinex Chlorpyrifos Insecticide |
| Platte ChemicalCompany | 34704-801: | ChlorpyrifosTechnical |
| LuxembourgIndustries (Pamol) Ltd. | 42519-17: | DorsanTechnical |
| Insecta SalesResearch, Inc. | 45600-6: | Insecta No.105 |
| Micro-Flo Company | 51036-217: | Chlorpyrifos61.5% MUP |
| Control Solutions,Inc | 53883-34: | Martin's 6 lb.Chlorpyrifos |
| Dow AgroSciencesLLC | 62719-15: | Dursban FInsecticidal Chemical |
| 62719-44: | Dursban R | |
| 62719-45: | Dursban 30SEC | |
| 62719-66: | Dursban HFInsecticidal Concentrate | |
| 62719-76: | Lentrek 6 | |
| 62719-78: | Dursban WInsecticidal Chemical | |
| 62719-225: | XRM-5222 | |
| Gharda USA, Inc | 70907-1: | ChlorpyrifosTechnical |
| 70907-6: | Chlorpyrifos 6 Manufacturing Concentrate | |
| 70907-14: | Chlorpyrifos 4 Manufacturing Concentrate |
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any time, that EPA cancel anyof their pesticide registrations. Section 6(f)(1)(B) of FIFRA requires that EPA provide a 30-dayperiod in which the public may comment before the Agency may act on the request for voluntarycancellation. In addition, section 6(f)(1)(C) of FIFRA requires that EPA provide a 180-daycomment period on a request for voluntary termination of any minor agricultural use beforegranting the request, unless (1) the registrants request a waiver of the comment period, or (2) theAdministrator determines that continued use of the pesticide would pose an unreasonable adverseeffect on the environment. The registrants have requested that EPA waive the 180-day commentperiod. In light of this request, EPA is granting the request to waive the 180-day comment periodand is providing a 30-day public comment period before taking action on the requestedcancellations. Given the potential risks, both dietary and non-dietary, that chlorpyrifos useposes, especially to children, EPA intends to grant the requested cancellations at the close of thecomment period for this announcement.
C. Requests for Voluntary Cancellation of End-Use Products
In addition to requesting voluntary cancellation of manufacturing-use products, severalregistrants have submitted requests for voluntary cancellation of some of their registrations forend-use pesticide products containing chlorpyrifos. The end-use registrations forwhich cancellation was requested are identified in the following Table 2:
| Company | Reg. No. | Product |
|---|---|---|
| AventisEnvironmental Science USA | 432-566 | SBP-1382/Chlorpyrifos TransparentEmulsion Spray 0.05% +0.5% |
| 432-567: | SBP-1382/Chlorpyrifos TransparentEmulsion Dilutable Conc.1.6% + 16% | |
| 432-568 | Ultratec Insecticide w/SBP-1382/ChlorpyTrans. EM. Dil.Conc.3.2% + 16% | |
| 432-569: | SBP-1382/Chlorpyrifos TransparentEmulsion Spray 0.1 % +0.5% | |
| 432-1027: | PyrenoneDursban Roach Ant Spray' | |
| 432-1059: | Pyrenone Dursban Dual Use E.C. | |
| 432-1101: | Aqueous Residual Spray | |
| 432-1107: | Pyrenone Dursban Water-Based Pressurized Spray | |
| Verdant Brands, Inc | 769-562: | Mole CricketBait "D" |
| 769-576: | Sureco IndoorPest Control | |
| 769-578: | Sureco Yardand Kennel SprayConcentrate | |
| 769-607: | RM InsectSpray withResmethrin/Dursban | |
| 769-666: | Dursban 1EInsecticide | |
| 769-668: | SMCP D/V 217 Insecticide | |
| 769-672: | SMCP Residual Roach Spray | |
| 769-685: | SMCPDursban HouseholdInsecticide | |
| 769-694: | SMCP Xtraban Roach Concentrate | |
| 769-697: | SMCP Dursban Plus Turf Insecticide | |
| 769-715: | SMCP Lawn-Gard Spray | |
| 769-716: | SMCP Lawnand Ornamental Spray | |
| 769-717: | Dursban .8% Granular Insecticide | |
| 769-721: | SMCP Dursban Granular Insecticide | |
| 769-731: | SMCP HomeLawn and Ornamental Spray | |
| 769-735: | SMCP Dursban Cricket Bait #200 | |
| 769-737: | SMCPBlatta-Bits Roach baitInsecticide | |
| 769-738: | Frank's Finest Roach/Flea Spray | |
| 769-781: | AFC Residual Insect Spray | |
| 769-800: | Superior Dursban 4E EmulsifiableConcentrate | |
| 769-801: | Superior Dursban 2E | |
| 769-804: | Superior Delve Concentrate | |
| 769-826: | Sureco T.A.S.K | |
| 769-827: | Dursban Plus Dichlovos | |
| 769-828: | Dursban 1.4% G | |
| 769-829: | SMCP 32-4-7 Fertilizer with Dursban | |
| 769-831: | SMCP 40-0-0 with Dursban | |
| 769-873: | Dursban 135 EC | |
| 769-880: | Pratt Dursban 250 EC | |
| 769-936: | Warner Enterprises Residual Spray | |
| 769-952: | Dursban G5 Granular | |
| 769-953: | Pratt Dursban G232 Granular Lawn InsectControl for Professional Use | |
| 769-962: | Ulti-MateHomeowner pest ControlConcentrate | |
| McLaughlin Gormley King Company | 1021-1362: | Pyrocide Concentrate 7254 |
| 1021-1416: | Pyrocide Residual Contact Spray 7335 | |
| 1021-1435: | Esbiol Residual Contact Spray 2236 | |
| 1021-1439: | D-Trans Concentrate 2249 | |
| 1021-1605: | D-TransResidual Spray 2580 | |
| 1021-1668: | Evercide Residual Spray 2640 | |
| 1021-1693: | EvercideResidual Pump Spray 2641 | |
| 1021-1716: | Multicide Pressurized Ant and Roach Spray 27451 | |
| Griffin LLC | 1812-427: | Pyrinex 4EC Insecticide |
| 1812-428: | Pyrinex 2 EC Area Insecticide | |
| 1812-443: | Questor LO Insecticide | |
| 3M Company | 10350-12: | Duratrol Yard Spray Concentrate |
| LuxembourgIndustries (Pamol) Ltd. | 42519-18: | Dorsan 4E-41 |
| Micro-Flo Company | 51036-102: | Chlorpyrifos 0.5% RTU |
| 51036-118: | Chlorpyrifos 4E LO Insecticide | |
| 51036-119: | Chlorpyrifos1E | |
| 51036-223: | Chloroban 4-E | |
| 51036-303: | Chlorpyrifos 5.3% | |
| Control Solutions, Inc. | 53883-36: | Martin's Surrender Chlorpyrifos TC |
| 53883-37: | Martin's Chlorpyrifos 2E | |
| 53883-49: | Martin'sDursban 1L Lawn andOrnamental Plant Insecticide | |
| 53883-53: | Martin'sDursban Pest Control | |
| 53883-55: | Martin's Termite and Soil InsectControl | |
| Dow AgroSciences LLC | 62719-22: | Dursban 25W |
| 62719-23: | Lorsban 4E | |
| 62719-29: | Lorsban1-PE | |
| 62719-41: | Dursban 4 Plus | |
| 62719-46: | Dursban WB05 | |
| 62719-55: | Dursban LO | |
| 62719-56: | Dursban1-12 Insecticide | |
| 62719-74: | Dursban ME | |
| 62719-85: | Lorsban 7.5 G | |
| 62719-163: | Dursban 50 DF | |
| 62719-197: | Dursban WB05 III | |
| 62719-235: | Dursban Lawnand Ornamental Insecticide | |
| 62719-252: | Dursban50WSP Insecticide in WaterSoluble Packets | |
| 62719-269: | DursbanNXS-4 | |
| 62719-281: | DursbanNXS05 | |
| 62719-283: | DursbanME02 + ETOC | |
| 62719-284: | Dursban NXS-6 | |
| 62719-298: | Dursban ME 1.7 | |
| Cheminova, Inc. | 67760-5: | Cyren 1E |
| 67760-22: | CheminovaChlorpyrifos 4E-AG-SG | |
| 67760-23: | Cyren Turfand Ornamental Insecticide | |
| 67760-24: | Cyren 1/2 G Granular Insecticide | |
| 67760-25: | Cyren 1G | |
| 67760-32: | Cyren 2E XL | |
| Platte ChemicalCompany | 2393-245: | Hopkins Lincoln Granules |
| 34704-305 | Hopkins Lincoln Granules | |
| 34704-413: | Dursban 1Coated Granules | |
| 34704-449: | Clean CropChlorpyrifos 1.14GInsecticide and Fertilizer | |
| 34704-523: | Clean CropDursban Insect Spray | |
| 34704-526: | Pest Controlfor Home and Garden | |
| 34704-541: | Dursban 4E | |
| 34704-748: | Clean CropHousehold Insect Spray | |
| 34704-765: | Clean CropDursban 1 |
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any time, that EPA cancelany of their pesticide registrations. The registrants have requested that EPA waive the180-day public comment period under section 6(f)(1)(C)(ii) of FIFRA In light of thisrequest, EPA is granting the request to waive the 180-day comment period and is providing a30-day public comment period before taking action on the requested cancellations. Given thepotential dietary and non-dietary risks that chlorpyrifos use poses, especially to children,EPA intends to grant the requested cancellations at the close of the comment period for thisannouncement.
1. Requests for voluntary amendments to delete uses from the registrations ofend-use products . Pursuant to section 6(f)(1)(A) of FIFRA, the signatory registrantshave also submitted requests to amend their other end-use registrations of pesticideproducts containing chlorpyrifos to delete the aforementioned uses from any product bearing such use. The registrations for whichamendments to delete uses were requested are identified in the following Table 3:
| Company | Reg. No. | Product/SLNs |
|---|---|---|
| Verdant Brands, Inc. | 769-641: | Dursban 2EInsecticide |
| 769-662: | SMCPDursban .5% GranularInsecticide | |
| 769-679: | Dursban 1%Granular Insecticide | |
| 769-680: | Dursban MoleCricket Bait | |
| 769-699: | Dursban 4EInsecticide | |
| 769-726: | Dursban 1GGranular Insecticide | |
| 769-808: | Banzol | |
| 769-825: | SMCP Dursban 2.5% G Insecticide | |
| 769-940: | Dursban PlusInsecticide | |
| Griffin LLC | 1812-403: | Chlorfos 4EInsecticide |
| 1812-404: | Chlorfos 15G | |
| 3M Company | 10350-22: | MECChlorpyrifos LivestockPremise Spray Concentrate |
| Platte ChemicalCompany | 34704-55: | Clean CropChlorpyrifos 1/2G TurfInsecticide |
| 34704-65: | Chlorpyrifos 2E | |
| 34704-66: | Clean CropChlorpyrifos 4E Insecticide | |
| 34704-423: | Dursban 2Coated Granules | |
| 34704-448: | Clean CropDursban 1G Insecticide | |
| 34704-587 | Chlorpyrifos-thiram 7.5-7.5G | |
| 34704-693: | Clean CropChlorpyrifos 50WP SeedTreater | |
| LuxembourgIndustries (Pamol) Ltd. | 42519-19: | Dorsan 4E-45 |
| 42519-20: | Dorsan 2E | |
| 42519-21: | Dorsan 4E | |
| Insecta SalesResearch Inc. | 45600-1: | Insecta |
| 45600-11: | Insecta 1000 | |
| 45600-17: | Insecta forManholes | |
| Control Solutions,Inc. | 53883-48: | Martin's Dursban Insecticide Granules |
| 53883-52: | Martin'sDursban 21/2% InsecticideGranules | |
| Micro-FloCompany | 51036-117: | Chlorpyrifos 1/2% Bait |
| 51036-122: | Micro-floChlorpyrifos TermiteConcentrate | |
| 51036-152: | Micro-FloChlorpyrifos 2E | |
| 51036-153: | Chlorpyrifos1% Bait | |
| 51036-154: | Chlorpyrifos4-E Insecticide | |
| 51036-216: | Micro-FloChlorpyrifos 4E WoodTreatment | |
| 51036-220: | 1% Chlorpyrifos Granule | |
| 51036-247: | Chlorpyrifos 2.5% G | |
| 51036-259: | Chlorpyrifos 2.32 Bait | |
| 51036-263: | Chlorpyrifos 1/2% Granule | |
| 51036-264: | Chlorpyrifos2.32% Granule | |
| 51036-291: | Chlorpyrifos 4# AG | |
| 51036-300: | Chlorpyrifos 15G | |
| Dow AgroSciencesLLC | 62719-11: | Dursban 4EInsecticide |
| 62719-14: | Dursban 1/2 GGranular | |
| 62719-34: | Lorsban 15G | |
| 62719-35: | Dursban Turf Insecticide | |
| 62719-39: | Lorsban 50WWettable PowderSLNs; FL9000500,GA93000300 | |
| 62719-47: | Dursban TC | |
| 62719-54: | Dursban 1-D Insecticide | |
| 62719-65: | Dursban 2E | |
| 62719-68: | Dursban 50W | |
| 62719-69: | Dursban WTInsecticidal Wood TreatmentConcentrate | |
| 62719-72: | Dursban 50Win Water Soluble Packets | |
| 62719-77: | Lentrek 6 WT | |
| 62719-88: | DursbanME20 MicroencapsulatedInsecticide | |
| 62719-89: | DursbanME04 MicroencapsulatedInsecticide | |
| 62719-90: | DursbanME02 MicroencapsulatedInsecticide | |
| 62719-166: | Dursban Pro | |
| 62719-167: | Equity | |
| 62719-210: | Dursban 1GInsecticide | |
| 62719-221: | Lorsban 50WInsecticide in Water SolublePacketsSLNs; FL92001000,GA93000400 | |
| 62719-254: | Dursban 4E-N | |
| 62719-255: | Dursban 50WNursery in Water SolublePackets | |
| 62719-271: | Dursban 1F | |
| 62719-276: | Dursban 2.5G | |
| 62719-293: | Dursban 75WG | |
| 62719-295: | Lorsban 30G | |
| 62719-316: | Dursban PlusFertilizer 2 | |
| Makhteshim-Agan of North America Inc. | 66222-3: | Pyrinex Chlorpyrifos 4EC |
| 66222-4: | PyrinexChlorpyrifos Lawn ChinchBug and Sod WebwormControl | |
| 66222-5: | PyrinexChlorpyrifos Lawn andOrnamental Insecticide w/Dursban 2E | |
| 66222-6: | PyrinexChlorpyrifos Dursban 2EInsecticide | |
| 66222-17: | PyrinexChlorpyrifos TermiticideConcentrate | |
| Cheminova, Inc. | 67760-6: | Cyren 2E |
| 67760-7: | Cyren 4E Insecticide | |
| 67760-10: | Cyren TC | |
| 67760-31: | Cyren 2 TC | |
| Gharda USA, Inc. | 70907-2 : | Regatta 4EChlorpyrifos ProfessionalInsecticide |
| 70907-4: | Pilot 4EChlorpyrifos AgriculturalInsecticide | |
| 70907-7: | Navigator 4TC Chlorpyrifos TermiteConcentrate | |
| 70907-8: | Pilot 50WChlorpyrifos AgriculturalInsecticide | |
| 70907-9: | Regatta 50WChlorpyrifos ProfessionalInsecticide | |
| 70907-13: | Navigator4WT Chlorpyrifos WoodTreatment Concentrate |
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any time, that their pesticideregistrations be amended to delete one or more pesticide uses. The registrants have requested thatEPA waive the 180-day comment period. In light of this request, EPA is granting the request towaive the 180-day comment period and is providing a 30-day public comment period beforetaking action on the requested amendments to delete uses. Given the potential dietary andnon-dietary risks that chlorpyrifos use poses, especially to children, EPA intends to grantthe requested amendments to delete uses at the close of the comment period for thisannouncement.
III. Proposed Existing Stocks Provisions
The registrants have requested voluntary cancellation of the chlorpyrifos registrationsidentified in Tables 1 and 2 and voluntary amendment to terminate certain uses of thechlorpyrifos registrations identified in Table 3. Pursuant to section 6(f) of FIFRA, EPA intendsto grant the requests for voluntary cancellation and amendment. For purposes of the cancellationorder that the Agency intends to issue at the close of the comment period for this announcement,the term "existing stocks " will be defined, pursuant to EPA's existing stockspolicy as published in the Federal Register of June 26, 1991, (56 FR 29362),as those stocks of a registered pesticide product which are currently in the United States andwhich have been packaged, labeled, and released for shipment prior to the effective date of thecancellation or amendment. Any distribution, sale, or use of existing stocks after the effectivedate of the cancellation order that the Agency intends to issue that is not consistent with the termsof that order will be considered a violation of section 12(a)(2)(K) and /or 12(a)(1)(A) of FIFRA.
A. Manufacturing-Use Products
1. Distribution or sale . The distribution or sale of existing stocks of anymanufacturing-use product identified in Table 1 will not be lawful under FIFRA as of the30th day following the issuance of the cancellation order canceling the registrations of theproducts identified in Table 1, except for the purposes of returns for relabeling consistent withthe Agreement, shipping such stocks for export consistent with the requirements of section 17 ofFIFRA, or for proper disposal.
2. Use for producing other manufacturing-use products . The use ofexisting stocks of any manufacturing-use product identified in Table 1 for formulation intoany other manufacturing-use product will not be lawful under FIFRA as of the date of the cancellation order unless such product bears an EPA-approved label that is consistent with theprovisions of the Agreement.
3. Use for producing end-use products - (i) Restricted use and package size limitations -(a) The use of existing stocks of anymanufacturing-use product identified in Table 1 for formulation into any end-useproduct that is an emulsifiable concentrate (EC) will not be lawful under FIFRA as of December1, 2000, unless the end-use product is labeled for restricted use.
(b) The use of existing stocks of any manufacturing-use product identified in Table 1for formulation into any end-use product labeled for any agricultural use (other than cattleear tags) and that is not an EC, will not be lawful under FIFRA as of December 1, 2000, unlessthe product is either labeled for restricted use or packaged in containers no smaller than 15gallons of a liquid formulation, 50 pounds of a granular formulation, or 25 pounds of any otherdry formulation;
(c) The use of existing stocks of any manufacturing-use product identified in Table 1for formulation into any end-use product labeled solely for non-agricultural uses(other than containerized baits in Child Resistant Packaging (CRP)) and that is not an EC, will notbe lawful under FIFRA as of December 1, 2000, unless the product is either labeled for restricteduse or packaged in containers no smaller than 15 gallons of a liquid formulation or 25 pounds of adry formulation.
(ii) Use in products labeled for use on tomatoes or use on apple trees postbloom . The use of existing stocks of any manufacturing-use product identified in Table1 for formulation into end-use products bearing instructions for use on tomatoes or use onapple trees following bloom will not be lawful under FIFRA as of the date of issuance of thecancellation order canceling the manufacturing-use products listed in Table 1.
(iii) Use in products labeled for other end-uses . The use of existingstocks of any manufacturing-use product identified in Table 1 for formulation into anyend-use product bearing instructions for any of the following uses will not be lawful underFIFRA after December 1, 2000:
(a) All termite control uses, unless the end-use product bears directions for use of amaximum 0.5% chlorpyrifos end-use dilution;
(b) Post-construction termite control, except for spot and local termite treatment,provided the label of the end-use product states that the product may not be used for spotand local treatment after December 31, 2002;
(c) Indoor residential, except for containerized baits in CRP;
(d) Indoor non-residential, except for containerized baits in CRP and products withformulations other than EC that bear labeling solely for one or more of the following uses:warehouses, ship holds, railroad boxcars, industrial plants, manufacturing plants, or foodprocessing plants;
(e) Outdoor residential, except for products bearing labeling solely for one or more of thefollowing public health uses: individual fire ant mound treatment by licensed applicators ormosquito control by public health agencies;
(f) Outdoor non-residential, except for products that bear labeling solely for one ormore of the following uses: golf courses, road medians, and industrial plant sites, provided themaximum label application rate does not exceed 1lb./ai per acre; mosquito control for public healthpurposes by public health agencies; individual fire ant mound treatment for public health purposesby licensed applicators; and fence posts, utility poles, railroad ties, landscape timbers, logs, pallets,wooden containers, poles, posts and processed wood products;
(iv) Final use date for any manufacturing-use product labeled for termitecontrol . The use of existing stocks of any manufacturing-use product identified inTable 1 for formulation into any end-use product labeled for termite control will not belawful under FIFRA after December 31, 2004, except that EPA will permit the continued use forthe manufacture of end-use products labeled solely for pre-construction termite control if EPA hasissued a written determination that the pre-construction use may continue consistent with therequirements of FIFRA.
4. All other use . Any use of existing stocks of a canceledmanufacturing-use product identified in Table 1 that is not otherwise limited or prohibited asset forth in Unit III.A.1.-3. of this document may continue until such stocks are exhaustedprovided such use is in accordance with the existing label of that product.
B. End-Use Products
1. Distribution, sale or use of products bearing instructions for use on tomatoes orapples trees post bloom . The distribution, sale or use of existing stocks by any person of anyproduct listed in Table 2 or 3 that bears instructions for post-bloom application to apple treesor use on tomatoes will not be lawful under FIFRA after December 31, 2000. Any use of suchproduct until that date must be in accordance with the existing labeling of that product.
2. Distribution or sale by registrants of products bearing other uses - (i) Restricted use and package size limitations - (a) The distribution or saleby registrants of existing stocks of any EC formulation product listed in Table 2 or 3 will not be lawful under FIFRA after February 1, 2001 unless the product is labeled as restricteduse.
(b) The distribution or sale by registrants of existing stocks of any product listed in Table 2 or 3labeled for any agricultural use and that is not an EC, will not be lawful under FIFRA after ofFebruary 1, 2001, unless the product is either labeled for restricted use or packaged in containers nosmaller than 15 gallons of a liquid formulation, 50 pounds of a granular formulation, or 25 poundsof any other dry formulation;
(c)The distribution or sale by registrants of existing stocks of any product listed in Table 2 or 3labeled solely for non-agricultural uses (other than containerized baits in CRP) and that is notan EC, will not be lawful under FIFRA after of February 1, 2001, unless the product is eitherlabeled for restricted use or packaged in containers no smaller than 15 gallons of a liquidformulation or 25 pounds of a dry formulation.
(ii) Prohibited uses . The distribution or sale of existing stocks by registrantsof any product identified in Table 2 or 3 that bears instructions for any of the following uses will notbe lawful under FIFRA after February 1, 2001:
(a) Termite control, unless the product bears directions for use of a maximum 0.5% activeingredient chlorpyrifos end-use dilution;
(b) Post-construction termite control, except for spot and local termite treatment,provided the label of the product states that the product may not be used for spot and local treatmentafter December 31, 2002;
(c) Indoor residential except for containerized baits in CRP;
(d) Indoor non-residential except for containerized baits in CRP and products withformulations other than EC that bear labeling solely for one or more of the following uses:warehouses, ship holds, railroad boxcars, industrial plants, manufacturing plants, or food processingplants;
(e) Outdoor residential except for products bearing labeling solely for one or more of thefollowing public health uses: individual fire ant mound treatment by licensed applicators ormosquito control by public health agencies;
(f) Outdoor non-residential except for products that bear labeling solely for one or moreof the following uses: golf courses, road medians, and industrial plant sites, provided the maximumlabel application rate does not exceed 1lb./ai per acre; mosquito control for public health purposesby public health agencies; individual fire ant mound treatment for public health purposes bylicensed applicators; and fence posts, utility poles, railroad ties, landscape timbers, logs, pallets,wooden containers, poles, posts and processed wood products.
3. Retail and other distribution or sale . The retail sale of existing stocks ofproducts listed in Table 2 or 3 bearing instructions for the prohibited uses set forth in UnitIII.B.2.(b)(i)-(vi) of this document will not be lawful under FIFRA after December 31, 2001.Except as provided in the previous sentence or in Units III.B.1. and III.B.4 of this document, EPAintends to permit distribution or sale of products identified in Table 2 or 3 by persons other thanregistrants until such stocks are exhausted.
4. Final distribution, sale and use date for preconstruction termite control . Thedistribution, sale or use of any product listed in Table 2 or 3 bearing instructions forpre-construction termiticide use will not be lawful under FIFRA after December 31, 2005,unless, prior to that date, EPA has issued a written determination that such use may continueconsistent with the requirements of FIFRA.
5. Use of existing stocks . Except for products bearing those uses identified in Units III.B.1. and III.B.4. of this document, EPA intends to permit the use of existingstocks of products listed in Table 2 or 3 until such stocks are exhausted, provided such use is inaccordance with the existing labeling of that product.
IV. Notification of Intent to Revoke Tolerances
This document also serves to give notice that the Agency intends to propose to revokethe tolerance found in 40 CFR 180.342 for residues of chlorpyrifos in or on tomatoes with arevocation date of June 30, 2001. Accordingly, the Agency will issue such a proposed ruleto be published in the Federal Register . In the June 7, 2000, Agreement, theregistrants agreed to cancel the use of chlorpyrifos products on tomatoes. The Agreement states thatchlorpyrifos manufacturing-use products may not be reformulated for use on tomatoes, and that EPAintends to prohibit all distribution, sale, or use of any end-use product bearing instructions forpost-bloom application to apple trees or use on tomatoes after December 31, 2000.In addition, this document serves to give notice that the Agency intends to propose to lowertolerances found in 40 CFR 180.342 for residues of chlorpyrifos in or on apples and grapes. TheAgency will issue such a proposed rule to be published in the Federal Register .
V. Import Tolerance Guidance
The Agency recognizes that interested parties may want to retain a tolerance in the absence ofa U.S. registration, to allow legal importation of food into the United States. To assure that all foodmarketed in the United States is safe, under the FFDCA, EPA may require the same technicalchemistry and toxicology data for such import tolerances (tolerances without related U.S.registrations) as required to support U.S. food use registrations and any resulting tolerances. Inaddition, EPA may require residue chemistry data (crop field trials) that are representative ofgrowing conditions in exporting countries in the same manner that the Agency requiresrepresentative residue chemistry data from different U.S. regions to support domestic use of thepesticides and the tolerance. Interested parties should contact the Agency for written guidance onadapting U.S. residue chemistry data requirements to non-U.S. growing conditions in order tosupport an import tolerance.
List of Subjects
Environmental protection, Memorandum of Agreement, Pesticides andpests.
Dated:September 12, 2000.
Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of Pesticide Programs.
[FR Doc. 00-24211 Filed 9-19-00; 8:45 am]
BILLING CODE 6560-50-S