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Chlorpyrifos; Receipt of Requests for Amendments, Cancellations, and Notification of Tolerance Revocation and Modifications
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: September 20, 2000 (Volume 65, Number 183)]
[Notices]
[Page 56886-56894]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se00-74]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-34203D; FRL-6743-7]
Chlorpyrifos; Receipt of Requests for Amendments, Cancellations,
and Notification of Tolerance Revocation and Modifications
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The companies that hold the pesticide registrations of
manufacturing-use pesticide products containing chlorpyrifos [O,O-
diethyl O-(3,5,6-trichloro-2-pyridinyl)phosphorothioate] have asked EPA
to cancel their registrations for these products. In addition, these
companies have asked EPA to cancel or amend their registrations for
end-use products containing chlorpyrifos. Pursuant to section 6(f)(1)
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA
is announcing the Agency's receipt of these requests from the
registrants. These requests for voluntary cancellation and amendment
are the result of a memorandum of agreement signed by EPA and a number
of registrants of products containing chlorpyrifos on June 7, 2000, and
ancillary agreements signed by other registrants shortly thereafter.
Given the potential risks, both dietary and non-dietary, that
chlorpyrifos use poses, especially to children, EPA intends to grant
the requested cancellations and amendments to delete uses. EPA also
plans to issue a cancellation order for the deleted uses and the
canceled registrations at the close of the comment period 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 is consistent with the
terms of that order. In addition, EPA is announcing its intention to
revoke the tolerance for chlorpyrifos residues in or on tomatoes and to
lower the tolerance for chlorpyrifos residues in or on apples and
grapes.
DATES: Comments on the requested amendments to delete uses and the
requested registration cancellations must be submitted to the address
provided below and identified by docket control number OPP-34203D.
Comments must be received on or before October 20, 2000.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper
receipt by EPA, it is imperative that you identify docket control
number OPP-34203D in the subject line on the 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 by this action if you manufacture, sell,
distribute, or use chlorpyrifos products. The Congressional Review Act,
5 U.S.C. 801 et seq., as added by the Small Business Regulatory
Enforcement Fairness Act of 1996, does not apply because this action is
not a rule, for purposes of 5 U.S.C. 804(3). Since other entities may
also be interested, the Agency has not attempted to describe all the
specific entities that may be affected by this action. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
[[Page 56887]]
B. How Can I Get Additional Information, Including Copies of this
Document and Other Related Documents?
1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations,'' ``Regulations and Proposed Rules'' and then look up the
entry for this document under the ``Federal Register--Environmental
Documents.'' You can also go directly to the Federal Register listings
at http://www.epa.gov/fedrgstr/. To access information about the risk
assessment for chlorpyrifos, go to the Home Page for the Office of
Pesticide Programs or go directly to http://www.epa.gov/pesticides/op/
chlorpyrifos.htm.
2. In person. The Agency has established an official record for
this action under docket control number OPP-34203D. The official record
consists of the documents specifically referenced in this action, any
public comments received during an applicable comment period, and other
information related to this action, including any information claimed
as Confidential Business Information (CBI). This official record
includes the documents that are physically located in the docket, as
well as the documents that are referenced in those documents. The
public version of the official record does not include any information
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, is available 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. To ensure proper receipt by EPA, it is imperative that
you identify docket control number OPP-34203D in the subject line on
the first page of your response.
1. By mail. Submit your comments to: Public Information and Records
Integrity Branch (PIRIB), Information Resources and Services Division
(7502C), Office of Pesticide Programs (OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
2. In person or by courier. Deliver your comments to: Public
Information 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 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB
telephone number is (703) 305-5805.
3.Electronically. You may submit your comments electronically by e-
mail to: opp-docket@epa.gov, or you can submit a computer disk as
described 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 be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be
identified by docket control number OPP-34203D. Electronic comments may
also be filed 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. You may claim information that you submit to EPA in response to
this document as CBI by marking any part or all of that information as
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. In addition to one complete
version of the comment that includes any information claimed as CBI, a
copy of the comment that does not contain the information claimed as
CBI must be submitted for inclusion in the public version of the
official record. Information not marked confidential will be included
in the public version of the official record without prior notice. If
you have any questions about CBI or the procedures for claiming CBI,
please consult the person listed under FOR FURTHER INFORMATION 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 support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that 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 number assigned to this action in the subject line on the first
page of your response. You may also provide 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 a number of registrants of pesticide products containing
chlorpyrifos agreed to several voluntary measures that will reduce the
potential exposure to children associated with chlorpyrifos containing
products. Shortly thereafter, EPA and several other pesticide
registrants of manufacturing-use products containing chlorpyrifos
signed ancillary agreements in which the parties agreed to comply with
the terms of the June 7, 2000, agreement. EPA initiated the
negotiations with registrants after finding chlorpyrifos, as currently
registered, was an exposure risk especially to children. As part of the
Agreement, the signatory registrants that hold the pesticide
registrations of manufacturing-use pesticide products containing
chlorpyrifos have asked EPA to cancel their registrations for these
products. In addition, these companies have asked EPA to cancel or
amend their registrations for end-use products containing chlorpyrifos.
Pursuant to section 6(f)(1) of FIFRA, EPA is announcing the Agency's
receipt of these requests from the registrants. With respect to the
registration amendments, the companies have asked EPA to amend end-use
product registrations to delete the following uses: all termite control
uses (these will be phased out); all residential uses (except for ant
and roach baits in child resistant packaging (CRP) and fire ant mound
drenches for public health purposes by licensed applicators and
mosquito control for public health purposes by public health agencies);
all indoor non-residential uses (except ship holds, industrial plants,
manufacturing plants, food processing plants, and containerized baits
in CRP); all outdoor non-residential sites (except golf courses,
[[Page 56888]]
road medians, industrial plant sites, non-structural wood treatments,
and fire ant mound drenches for public health purposes by licensed
applicators and mosquito control for public health purposes by public
health agencies); and use on tomatoes and post-bloom apple trees. With
respect to the registration cancellations, the companies have submitted
replacement applications for registration with new labeling that would
also eliminate all of these uses. In addition, the companies agreed to
limit the maximum chlorpyrifos end-use dilution to 0.5% active
ingredient (a.i.) for termiticide uses that will be phased out, limit
the maximum label application rate for outdoor non-residential use on
golf courses, road medians, and industrial plant sites to 1 lb/a.i. per
acre, and either classify all new/amended chlorpyrifos products (except
baits in CRP) as Restricted Use or package the products in large
containers, depending on the formulation type, to ensure that remaining
chlorpyrifos products are not available to homeowners. In return, EPA
stated that with this Agreement, it had no current intention to
initiate any cancellation or suspension proceedings under section 6(b)
or 6(c) of FIFRA with respect to the issues addressed in 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 submitted requests for voluntary cancellation of
registrations for their manufacturing-use products. The registrations
for which cancellations were requested are identified in the following
Table 1:
Table 1.-- Manufacturing -Use Product Registration Cancellation Requests
------------------------------------------------------------------------
Company Reg. No. Product
------------------------------------------------------------------------
Aventis Environmental Science 432-570: Ultratec
USA Insecticide w/ SBP-
1382/ Chlorpyrifos
Trans. E.C. 1.6%-
16%
432 -571: Ultratec
Insecticide w/ SBP-
1382/ Chlorpyrifos
Trans. E.C. 3.2%-
16%
432-615: Ultratec
Insecticide w/
Chlorpyrifos/
Esbiothrin Trans.
E.C. 2.5%-25%
432-649: Ultratec
Insecticide w/ SBP-
1382/ Chlorpyrifos
Trans. E.C. 1.6%-
16%
432-661: Ultratec
Insecticide w/
Chlorpyrifos/
Esbiothrin Trans.
432-662: Ultratec
Insecticide w/
Chlorpyrifos
Trans. 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-D 5
Residual
Insecticide
Intermediate
432-1095: Pyrenone Dursban
Aqueous Base
432-1104: Pyrenone Dursban W-
B
432-1106: Pyrenone Dursban
Aqueous Base II
Verdant Brands, Inc. 769-690: SMCP DFC-4
Formulators
Concentrate
McLaughlin Gormley King 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-Trans
Intermediate 2247
1021-1444: Multicide
Intermediate 2253
1021-1506: D-Trans
Intermediate 2321
1021-1707: Multicide
Concentrate 2748
1021-1717: Multicide
Intermediate 2745
Griffin LLC 1812-429: Questor MUP
Insecticide
Cheminova, Inc. 4787-27: Chlorpyrifos
Technical
4787-29: Cyren MUC
4787-30: Cyren 150
Concentrate
4787-32: Cyren RT
3M Company 10350- 10: Dursban 20 MEC
Makhteshim-Agan of North 11678-45: Pyrinex
America Inc Chlorpyrifos
Insecticide
Platte Chemical Company 34704-801: Chlorpyrifos
Technical
Luxembourg Industries (Pamol) 42519-17: Dorsan Technical
Ltd.
Insecta Sales & Research, Inc. 45600-6: Insecta No. 105
Micro-Flo Company 51036-217: Chlorpyrifos 61.5%
MUP
Control Solutions, Inc 53883-34: Martin's 6 lb.
Chlorpyrifos
Dow AgroSciences LLC 62719-15: Dursban F
Insecticidal
Chemical
62719-44: Dursban R
62719-45: Dursban 30 SEC
62719-66: Dursban HF
Insecticidal
Concentrate
62719-76: Lentrek 6
62719-78: Dursban W
Insecticidal
Chemical
62719-225: XRM-5222
Gharda USA, Inc 70907-1: Chlorpyrifos
Technical
70907-6: Chlorpyrifos 6
Manufacturing
Concentrate
70907-14: Chlorpyrifos 4
Manufacturing
Concentrate
------------------------------------------------------------------------
[[Page 56889]]
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that EPA cancel any of their pesticide registrations. Section
6(f)(1)(B) of FIFRA requires that EPA provide a 30-day period in which
the public may comment before the Agency may act on the request for
voluntary cancellation. In addition, section 6(f)(1)(C) of FIFRA
requires that EPA provide a 180-day comment period on a request for
voluntary termination of any minor agricultural use before granting the
request, unless (1) the registrants request a waiver of the comment
period, or (2) the Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
The registrants have requested that EPA waive the 180-day comment
period. In light of this request, EPA is granting the request to waive
the 180-day comment period and is providing a 30-day public comment
period before taking action on the requested cancellations. Given the
potential risks, both dietary and non-dietary, that chlorpyrifos use
poses, especially to children, EPA intends to grant the requested
cancellations at the close of the comment period for this announcement.
C. Requests for Voluntary Cancellation of End-Use Products
In addition to requesting voluntary cancellation of manufacturing-
use products, several registrants have submitted requests for voluntary
cancellation of some of their registrations for end-use pesticide
products containing chlorpyrifos. The end-use registrations for which
cancellation was requested are identified in the following Table 2:
Table 2.--End-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
Company Reg. No. Product
------------------------------------------------------------------------
Aventis Environmental Science 432-566 SBP-1382/
USA Chlorpyrifos
Transparent
Emulsion Spray
0.05% + 0.5%
432-567: SBP-1382/
Chlorpyrifos
Transparent
Emulsion Dilutable
Conc. 1.6% + 16%
432-568 Ultratec
Insecticide w/ SBP-
1382/
ChlorpyTrans. EM.
Dil.Conc. 3.2% +
16%
432-569: SBP-1382/
Chlorpyrifos
Transparent
Emulsion Spray 0.1
% + 0.5%
432-1027: Pyrenone Dursban
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 Cricket Bait
``D''
769-576: Sureco Indoor Pest
Control
769-578: Sureco Yard and
Kennel Spray
Concentrate
769-607: R&M Insect Spray
with Resmethrin/
Dursban
769-666: Dursban 1E
Insecticide
769-668: SMCP D/V 217
Insecticide
769-672: SMCP Residual Roach
Spray
769-685: SMCP Dursban
Household
Insecticide
769-694: SMCP Xtraban Roach
Concentrate
769-697: SMCP Dursban Plus
Turf Insecticide
769-715: SMCP Lawn-Gard
Spray
769-716: SMCP Lawn and
Ornamental Spray
769-717: Dursban .8%
Granular
Insecticide
769-721: SMCP Dursban
Granular
Insecticide
769-731: SMCP Home Lawn and
Ornamental Spray
769-735: SMCP Dursban
Cricket Bait
200
769-737: SMCP Blatta-Bits
Roach bait
Insecticide
769-738: Frank's Finest
Roach/Flea Spray
769-781: AFC Residual Insect
Spray
769-800: Superior Dursban 4E
Emulsifiable
Concentrate
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
Insect Control for
Professional Use
769-962: Ulti-Mate Homeowner
pest Control
Concentrate
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-Trans Residual
Spray 2580
1021-1668: Evercide Residual
Spray 2640
1021-1693: Evercide Residual
Pump Spray 2641
1021-1716: Multicide
Pressurized Ant
and Roach Spray
27451
Griffin LLC 1812-427: Pyrinex 4EC
Insecticide
[[Page 56890]]
1812-428: Pyrinex 2 EC Area
Insecticide
1812-443: Questor LO
Insecticide
3M Company 10350-12: Duratrol Yard Spray
Concentrate
Luxembourg Industries (Pamol) 42519-18: Dorsan 4E-41
Ltd.
Micro-Flo Company 51036-102: Chlorpyrifos 0.5%
RTU
51036-118: Chlorpyrifos 4E LO
Insecticide
51036-119: Chlorpyrifos 1E
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's Dursban 1L
Lawn and
Ornamental Plant
Insecticide
53883-53: Martin's Dursban
Pest Control
53883-55: Martin's Termite
and Soil Insect
Control
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: Dursban 1-12
Insecticide
62719-74: Dursban ME
62719-85: Lorsban 7.5 G
62719-163: Dursban 50 DF
62719-197: Dursban WB05 III
62719-235: Dursban Lawn and
Ornamental
Insecticide
62719-252: Dursban 50WSP
Insecticide in
Water Soluble
Packets
62719-269: Dursban NXS-4
62719-281: Dursban NXS05
62719-283: Dursban ME02 + ETOC
62719-284: Dursban NXS-6
62719-298: Dursban ME 1.7
Cheminova, Inc. 67760-5: Cyren 1E
67760-22: Cheminova
Chlorpyrifos 4E-AG-
SG
67760-23: Cyren Turf and
Ornamental
Insecticide
67760-24: Cyren 1/2 G
Granular
Insecticide
67760-25: Cyren 1G
67760-32: Cyren 2E XL
Platte Chemical Company 2393-245: Hopkins Lincoln
Granules
34704-305 Hopkins Lincoln
Granules
34704-413: Dursban 1 Coated
Granules
34704-449: Clean Crop
Chlorpyrifos 1.14G
Insecticide and
Fertilizer
34704-523: Clean Crop Dursban
Insect Spray
34704-526: Pest Control for
Home and Garden
34704-541: Dursban 4E
34704-748: Clean Crop
Household Insect
Spray
34704-765: Clean Crop Dursban
1
------------------------------------------------------------------------
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that EPA cancel any of their pesticide registrations. The
registrants have requested that EPA waive the 180-day public comment
period under section 6(f)(1)(C)(ii) of FIFRA In light of this request,
EPA is granting the request to waive the 180-day comment period and is
providing a 30-day public comment period before taking action on the
requested cancellations. Given the potential 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 this announcement.
1. Requests for voluntary amendments to delete uses from the
registrations of end-use products. Pursuant to section 6(f)(1)(A) of
FIFRA, the signatory registrants have also submitted requests to amend
their other end-use registrations of pesticide products containing
chlorpyrifos to delete the aforementioned uses from any product bearing
such use. The registrations for which amendments to delete uses were
requested are identified in the following Table 3:
Table 3.--End-Use Product Registration Amendment Requests
------------------------------------------------------------------------
Company Reg. No. Product/SLNs
------------------------------------------------------------------------
Verdant Brands, Inc. 769-641: Dursban 2E
Insecticide
769-662: SMCP Dursban .5%
Granular
Insecticide
769-679: Dursban 1% Granular
Insecticide
769-680: Dursban Mole
Cricket Bait
[[Page 56891]]
769-699: Dursban 4E
Insecticide
769-726: Dursban 1G Granular
Insecticide
769-808: Banzol
769-825: SMCP Dursban 2.5% G
Insecticide
769-940: Dursban Plus
Insecticide
Griffin LLC 1812-403: Chlorfos 4E
Insecticide
1812-404: Chlorfos 15G
3M Company 10350-22: MEC Chlorpyrifos
Livestock Premise
Spray Concentrate
Platte Chemical Company 34704-55: Clean Crop
Chlorpyrifos 1/2G
Turf Insecticide
34704-65: Chlorpyrifos 2E
34704-66: Clean Crop
Chlorpyrifos 4E
Insecticide
34704-423: Dursban 2 Coated
Granules
34704-448: Clean Crop Dursban
1G Insecticide
34704-587 Chlorpyrifos-
thiram 7.5-7.5G
34704-693: Clean Crop
Chlorpyrifos 50WP
Seed Treater
Luxembourg Industries (Pamol) 42519-19: Dorsan 4E-45
Ltd.
42519-20: Dorsan 2E
42519-21: Dorsan 4E
Insecta Sales & Research Inc. 45600-1: Insecta
45600-11: Insecta 1000
45600-17: Insecta for
Manholes
Control Solutions, Inc. 53883-48: Martin's Dursban
Insecticide
Granules
53883-52: Martin's Dursban 21/
2% Insecticide
Granules
Micro-Flo Company 51036-117: Chlorpyrifos 1/2%
Bait
51036-122: Micro-flo
Chlorpyrifos
Termite
Concentrate
51036-152: Micro-Flo
Chlorpyrifos 2E
51036-153: Chlorpyrifos1% Bait
51036-154: Chlorpyrifos 4-E
Insecticide
51036-216: Micro-Flo
Chlorpyrifos 4E
Wood Treatment
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: Chlorpyrifos 2.32%
Granule
51036-291: Chlorpyrifos 4# AG
51036-300: Chlorpyrifos 15G
Dow AgroSciences LLC 62719-11: Dursban 4E
Insecticide
62719-14: Dursban 1/2 G
Granular
62719-34: Lorsban 15G
62719-35: Dursban Turf
Insecticide
62719-39: Lorsban 50W
Wettable Powder
SLNs; FL9000500,
GA93000300
62719-47: Dursban TC
62719-54: Dursban 1-D
Insecticide
62719-65: Dursban 2E
62719-68: Dursban 50W
62719-69: Dursban WT
Insecticidal Wood
Treatment
Concentrate
62719-72: Dursban 50W in
Water Soluble
Packets
62719-77: Lentrek 6 WT
62719-88: Dursban ME20
Microencapsulated
Insecticide
62719-89: Dursban ME04
Microencapsulated
Insecticide
62719-90: Dursban ME02
Microencapsulated
Insecticide
62719-166: Dursban Pro
62719-167: Equity
62719-210: Dursban 1G
Insecticide
62719-221: Lorsban 50W
Insecticide in
Water Soluble
Packets SLNs;
FL92001000,GA93000
400
62719-254: Dursban 4E-N
62719-255: Dursban 50W Nursery
in Water Soluble
Packets
62719-271: Dursban 1F
62719-276: Dursban 2.5G
62719-293: Dursban 75WG
62719-295: Lorsban 30G
62719-316: Dursban Plus
Fertilizer 2
Makhteshim- Agan of North 66222-3: Pyrinex
America Inc. Chlorpyrifos 4EC
66222-4: Pyrinex
Chlorpyrifos Lawn
Chinch Bug and Sod
Webworm Control
66222-5: Pyrinex
Chlorpyrifos Lawn
and Ornamental
Insecticide w/
Dursban 2E
66222-6: Pyrinex
Chlorpyrifos
Dursban 2E
Insecticide
66222-17: Pyrinex
Chlorpyrifos
Termiticide
Concentrate
Cheminova, Inc. 67760-6: Cyren 2E
67760-7: Cyren 4E
Insecticide
[[Page 56892]]
67760-10: Cyren TC
67760-31: Cyren 2 TC
Gharda USA, Inc. 70907-2 : Regatta 4E
Chlorpyrifos
Professional
Insecticide
70907-4: Pilot 4E
Chlorpyrifos
Agricultural
Insecticide
70907-7: Navigator 4 TC
Chlorpyrifos
Termite
Concentrate
70907-8: Pilot 50W
Chlorpyrifos
Agricultural
Insecticide
70907-9: Regatta 50W
Chlorpyrifos
Professional
Insecticide
70907-13: Navigator 4WT
Chlorpyrifos Wood
Treatment
Concentrate
------------------------------------------------------------------------
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be amended to delete one or
more pesticide uses. The registrants have requested that EPA waive the
180-day comment period. In light of this request, EPA is granting the
request to waive the 180-day comment period and is providing a 30-day
public comment period before taking action on the requested amendments
to delete uses. Given the potential dietary and non-dietary risks that
chlorpyrifos use poses, especially to children, EPA intends to grant
the requested amendments to delete uses at the close of the comment
period for this announcement.
III. Proposed Existing Stocks Provisions
The registrants have requested voluntary cancellation of the
chlorpyrifos registrations identified in Tables 1 and 2 and voluntary
amendment to terminate certain uses of the chlorpyrifos registrations
identified in Table 3. Pursuant to section 6(f) of FIFRA, EPA intends
to grant the requests for voluntary cancellation and amendment. For
purposes of the cancellation order 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 stocks
policy 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 and which have been packaged, labeled,
and released for shipment prior to the effective date of the
cancellation or amendment. Any distribution, sale, or use of existing
stocks after the effective date of the cancellation order that the
Agency intends to issue that is not consistent with the terms of 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 any manufacturing-use product identified in Table 1 will not
be lawful under FIFRA as of the 30th day following the issuance of the
cancellation order canceling the registrations of the products
identified in Table 1, except for the purposes of returns for
relabeling consistent with the Agreement, shipping such stocks for
export consistent with the requirements of section 17 of FIFRA, or for
proper disposal.
2. Use for producing other manufacturing-use products. The use of
existing stocks of any manufacturing-use product identified in Table 1
for formulation into any 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 the
provisions of the Agreement.
3. Use for producing end-use products-- (i) Restricted use and
package size limitations--(a) The use of existing stocks of any
manufacturing-use product identified in Table 1 for formulation into
any end-use product that is an emulsifiable concentrate (EC) will not
be lawful under FIFRA as of December 1, 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 1 for formulation into any end-use product labeled
for any agricultural use (other than cattle ear tags) and that is not
an EC, will not be lawful under FIFRA as of December 1, 2000, unless
the product is either labeled for restricted use or packaged in
containers no smaller than 15 gallons of a liquid formulation, 50
pounds of a granular formulation, or 25 pounds of any other dry
formulation;
(c) The use of existing stocks of any manufacturing-use product
identified in Table 1 for 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 not be
lawful under FIFRA as of December 1, 2000, unless the product is either
labeled for restricted use or packaged in containers no smaller than 15
gallons of a liquid formulation or 25 pounds of a dry formulation.
(ii) Use in products labeled for use on tomatoes or use on apple
trees post bloom. The use of existing stocks of any manufacturing-use
product identified in Table 1 for formulation into end-use products
bearing instructions for use on tomatoes or use on apple trees
following bloom will not be lawful under FIFRA as of the date of
issuance of the cancellation order canceling the manufacturing-use
products listed in Table 1.
(iii) Use in products labeled for other end-uses. The use of
existing stocks of any manufacturing-use product identified in Table 1
for formulation into any end-use product bearing instructions for any
of the following uses will not be lawful under FIFRA after December 1,
2000:
(a) All termite control uses, unless the end-use product bears
directions for use of a maximum 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 spot and 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 with formulations 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 processing
plants;
(e) Outdoor residential, except for products bearing labeling
solely for one or more of the following public health uses: individual
fire ant mound treatment by licensed applicators or mosquito control by
public health agencies;
(f) Outdoor non-residential, except for products that bear labeling
solely for one or more of the following uses: golf courses, road
medians, and industrial plant sites, provided the maximum label
[[Page 56893]]
application rate does not exceed 1lb./ai per acre; mosquito control for
public health purposes by public health agencies; individual fire ant
mound treatment for public health purposes by 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
termite control. The use of existing stocks of any manufacturing-use
product identified in Table 1 for formulation into any end-use product
labeled for termite control will not be lawful under FIFRA after
December 31, 2004, except that EPA will permit the continued use for
the manufacture of end-use products labeled solely for pre-construction
termite control if EPA has issued a written determination that the pre-
construction use may continue consistent with the requirements of
FIFRA.
4. All other use. Any use of existing stocks of a canceled
manufacturing-use product identified in Table 1 that is not otherwise
limited or prohibited as set forth in Unit III.A.1.-3. of this document
may continue until such stocks are exhausted provided 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 or apples trees post bloom. The distribution, sale or
use of existing stocks by any person of any product listed in Table 2
or 3 that bears instructions for post-bloom application to apple trees
or use on tomatoes will not be lawful under FIFRA after December 31,
2000. Any use of such product 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 sale by 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
restricted use.
(b) The distribution or sale by registrants of existing stocks of
any product listed in Table 2 or 3 labeled for any agricultural use and
that is not an EC, will not be lawful under FIFRA after of February 1,
2001, unless the product is either labeled for restricted use or
packaged in containers no smaller than 15 gallons of a liquid
formulation, 50 pounds of a granular formulation, or 25 pounds of any
other dry formulation;
(c)The distribution or sale by registrants of existing stocks of
any product listed in Table 2 or 3 labeled solely for non-agricultural
uses (other than containerized baits in CRP) and that is not an EC,
will not be lawful under FIFRA after of February 1, 2001, unless the
product is either labeled for restricted use or packaged in containers
no smaller than 15 gallons of a liquid formulation or 25 pounds of a
dry formulation.
(ii) Prohibited uses. The distribution or sale of existing stocks
by registrants of any product identified in Table 2 or 3 that bears
instructions for any of the following uses will not be lawful under
FIFRA after February 1, 2001:
(a) Termite control, unless the product bears directions for use of
a maximum 0.5% active ingredient 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 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 with formulations 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 processing
plants;
(e) Outdoor residential except for products bearing labeling solely
for one or more of the following public health uses: individual fire
ant mound treatment by licensed applicators or mosquito control by
public health agencies;
(f) Outdoor non-residential except for products that bear labeling
solely for one or more of the following uses: golf courses, road
medians, and industrial plant sites, provided the maximum label
application rate does not exceed 1lb./ai per acre; mosquito control for
public health purposes by public health agencies; individual fire ant
mound treatment for public health purposes by licensed 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 of products listed in Table 2 or 3 bearing instructions
for the prohibited uses set forth in Unit III.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, EPA intends to permit distribution or sale of
products identified in Table 2 or 3 by persons other than registrants
until such stocks are exhausted.
4. Final distribution, sale and use date for preconstruction
termite control. The distribution, sale or use of any product listed in
Table 2 or 3 bearing instructions for pre-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
continue consistent 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 existing stocks of products listed in Table 2 or 3
until such stocks are exhausted, provided such use is in accordance
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 revoke the tolerance found in 40 CFR 180.342 for residues of
chlorpyrifos in or on tomatoes with a revocation date of June 30, 2001.
Accordingly, the Agency will issue such a proposed rule to be published
in the Federal Register. In the June 7, 2000, Agreement, the
registrants agreed to cancel the use of chlorpyrifos products on
tomatoes. The Agreement states that chlorpyrifos manufacturing-use
products may not be reformulated for use on tomatoes, and that EPA
intends to prohibit all distribution, sale, or use of any end-use
product bearing instructions for post-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 lower
tolerances found in 40 CFR 180.342 for residues of chlorpyrifos in or
on apples and grapes. The Agency 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 of a U.S. registration, to allow legal
importation of food into the United States. To assure that all food
marketed in the United States is safe, under the FFDCA, EPA may require
the same technical chemistry and toxicology data for such import
tolerances (tolerances without related
[[Page 56894]]
U.S. registrations) as required to support U.S. food use registrations
and any resulting tolerances. In addition, EPA may require residue
chemistry data (crop field trials) that are representative of growing
conditions in exporting countries in the same manner that the Agency
requires representative residue chemistry data from different U.S.
regions to support domestic use of the pesticides and the tolerance.
Interested parties should contact the Agency for written guidance on
adapting U.S. residue chemistry data requirements to non-U.S. growing
conditions in order to support an import tolerance.
List of Subjects
Environmental protection, Memorandum of Agreement, Pesticides and
pests.
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