[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Notices]
[Pages 75538-75539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21004]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0223; FRL-12245-01-OCSPP]


Chlorpyrifos; Amendment to Existing Stocks Provisions in Kaizen 
Product Cancellation Orders

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On August 31, 2022, EPA issued a final order cancelling 
several products, including one product for which Kaizen Technologies, 
LLC voluntarily requested cancellation, pursuant to the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Agency is 
issuing this notice to amend the existing stocks provisions in the 
August 31, 2022 order, for the product listed in this document.

ADDRESSES: The docket for this action, identified under docket 
identification (ID) number EPA-HQ-OPP-2022-0223, is available online at 
https://www.regulations.gov. Additional instructions on visiting the 
docket, along with more information about dockets generally, is 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Patricia Biggio, Pesticide Re-
Evaluation Division (7508M), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 566-0700; email address: 
<a href="/cdn-cgi/l/email-protection#df908f8f9cb7b3b0adafa6adb6b9b0ac96b1aeaab6adb6baac9fbaafbef1b8b0a9"><span class="__cf_email__" data-cfemail="07485757446f6b6875777e756e6168744e6976726e756e62744762776629606871">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. General Information

Does this action apply to me?

    This action is directed to the public in general and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may be interested, the Agency 
has not attempted to describe all the specific entities that may be 
affected by this action.

II. What action is the Agency taking?

    In its August 31, 2022 Cancellation Order for Certain Chlorpyrifos 
Registrations (87 FR 53471) (FRL-10138-01-OCSPP), EPA granted Kaizen's 
request to cancel its one chlorpyrifos product: Bifenchlor (EPA 
Registration Number 86363-11). This order noted that all chlorpyrifos 
tolerances had been revoked, and thus all use on food and all sale and 
distribution of existing stocks for the products identified in that 
order were inconsistent with the purposes of FIFRA, with some 
exceptions. The August 31, 2022 order permitted existing stocks to be 
sold and distributed for export and for proper disposal.
    Subsequent to the issuance of the August 31, 2022 cancellation 
order, the U.S. Court of Appeals for the Eighth Circuit vacated EPA's 
rule revoking all tolerances. See Red River Valley Sugarbeet Growers 
Associations, et al. v. Regan, 85 F.4th 881 (8th Cir. 2023). On 
February 5, 2024, EPA issued a Federal Register notice to amend the 
Code of Federal Regulations (CFR) to reflect the court's reinstatement 
of those tolerances (89 FR 7625) (FRL-5993-06-OCSPP). At this time, all 
chlorpyrifos tolerances in effect prior to the 2021 tolerance rule have 
been reinstated and are currently in effect. See 40 CFR 180.342. With 
the tolerances in place, Kaizen requested an amendment to the terms of 
the August 31, 2022 cancellation order governing disposition of 
existing stocks to allow for sale, distribution, and use.
    Because the reinstatement of the chlorpyrifos tolerances means that 
chlorpyrifos products can be used in accordance with their labeling 
without concern for adulterated food, EPA is amending the August 31, 
2022 cancellation order to update the existing stocks provisions as 
they apply to the following Kaizen product:
    <bullet> Bifenchlor (EPA Reg. No. 86363-11).
    The registrant for the listed product is Kaizen Technologies, LLC., 
2225 Q Street, Aurora, NE 68818.

III. Provisions for Disposition of Existing Stocks

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a 
registrant of a pesticide product may at any time request that any of 
its pesticide registrations be cancelled or amended to terminate one or 
more registered uses. Since the tolerances for chlorpyrifos residues on 
food commodities have been reinstated by the Eighth Circuit, food 
bearing chlorpyrifos residues could be sold in interstate commerce. EPA 
has noted however, that it intends to issue a new rulemaking revoking 
several chlorpyrifos tolerances in the near future. In the meantime, 
the following amendment to the existing stocks provisions for the 
Kaizen product is consistent with the path forward for disposition of 
existing stocks for several other existing stocks amendment requests 
and post-tolerance-reinstatement voluntary cancellations for 
chlorpyrifos requested by registrants.
    Existing stocks for the product identified in this order are those 
stocks of registered pesticide products that are currently in the 
United States and that were packaged, labeled, and released for 
shipment prior to August 31, 2022.
    At this time, EPA is amending the existing stocks provisions in the 
August 31, 2022 cancellation order as they apply to the Kaizen 
chlorpyrifos product mentioned in this notice. EPA has determined that 
the following existing stocks provisions are not inconsistent with the 
purposes of FIFRA, given the limited amount of existing stocks and the 
limited time allowed for use of the existing stocks outlined below:
    <bullet> Sale and distribution of existing stocks of Bifenchlor 
(EPA Reg. No. 86363-11) is permitted until April 30, 2025.
    <bullet> Use of existing stocks of Bifenchlor (EPA Reg. No. 86363-
11) must be consistent with the product labeling. Such use is permitted 
until June 30, 2025. Use of existing stocks of Bifenchlor (EPA Reg. No. 
86363-11) for non-food purposes is permitted until existing stocks are 
exhausted, as long as such use is in accordance with the labeling.
    After these dates, all sale, distribution, and use of existing 
stocks is prohibited, except for sale and

[[Page 75539]]

distribution for export consistent with FIFRA section 17 (7 U.S.C. 
136o) and for proper disposal.

    Dated: September 10, 2024.
Jean Anne Overstreet,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2024-21004 Filed 9-13-24; 8:45 am]
BILLING CODE 6560-50-P


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