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Chlorpyrifos - End-Use Products Cancellation Order 8/01

ENVIRONMENTAL PROTECTION AGENCY
[OPP-34203I; FRL-6799-7]
Chlorpyrifos; End-Use Products Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.

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SUMMARY: This notice announces the use deletions and cancellations as
requested by the companies that hold the registrations of pesticide
end-use products containing the active ingredient chlorpyrifos and
accepted by EPA, pursuant to section 6(f) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). This order follows up a June
27, 2001, notice of receipt of requests for amendments to delete uses
and receipt of requests for registration cancellations. In that notice,
EPA indicated that it would issue an order confirming the voluntary use
deletions and registration cancellations. Any distribution, sale, or
use of canceled chlorpyrifos products is only permitted in accordance
with the terms of the existing stocks provisions of this cancellation
order.

DATES: The cancellations are effective September 12, 2001.

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.

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 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-34203F. 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.

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 the basic manufacturers of the active ingredient
chlorpyrifos agreed to several voluntary measures that will reduce the
potential exposure to children associated with chlorpyrifos containing
products. EPA initiated the negotiations with registrants after finding
chlorpyrifos, as currently registered, was an exposure risk especially
to children. As a result of the Agreement, registrants that hold the
pesticide registrations of end-use products containing chlorpyrifos
(who are in large part the customer of these basic manufacturers) have
asked EPA to cancel or amend their registrations for these products.
Pursuant to section 6(f)(1) of the FIFRA, EPA announced the Agency's
receipt of these requests from the registrants on June 27, 2001 (66 FR
34184) (FRL-6780-6). With respect to the registration amendments, the
registrants 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, containerized baits in CRP, and processed wood
products treated during the manufacturing process at the manufacturing
site or at the mill); all outdoor non-residential sites (except golf
courses, road medians, industrial plant sites, fence posts, utility
poles, railroad ties, landscape timbers, logs, pallets, wooden
containers, poles, posts, processed wood products, manhole covers,
underground utility cable conduits, and fire ant mound drenches for
public health purposes by licensed applicators and mosquito control for
public health purposes by public health agencies). 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.
    In the Federal Register notice published on June 27, 2001, EPA
published a notice of the Agency's receipt of end-use product
amendments and cancellations from registrants that hold the pesticide
registrations containing chlorpyrifos (who are in large part the
customer of the basic manufacturers). These requests were submitted as
a result of the Memorandum of Agreement that was signed on June 7,
2000, between EPA and the basic manufacturers of chlorpyrifos. A copy
of the Memorandum of Agreement that was signed on June 7, 2000, is
located in OPP docket control number 34203D.

B. Requests for Voluntary Cancellation of End-Use Products

    Pursuant to the Agreement and FIFRA section 6(f)(1)(A), several
registrants have submitted requests for voluntary cancellation of
registrations for their end-use products. The registrations for which
cancellations were requested are identified in the following Table 1.

      Table 1.--End-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
                                     Registration
             Company                    Number              Product
------------------------------------------------------------------------
P.F. Harris Manufacturing         3-5                 Formula BF-101
 Company                                               (Roach and Ant
                                                       Killer)
------------------------------------------------------------------------
Bonide Products, Inc.             4-207               Bonide Dursban 5
                                  4-308.............   Lawn Insect
                                  4-319.............   Control Granules
                                  4-320.............  Bonide Home Pest
                                  4-364.............   Control
                                  4-421.............  Bonide Home Pest
                                                       Control
                                                       Concentrate
                                                      Bonide Termite and
                                                       Carpenter Ant
                                                       Control
                                                      Pyrenone Dursban
                                                       Roach and Ant
                                                       Spray
                                                      Dursban
------------------------------------------------------------------------
Dexol, a Division of Verdant      192-207             Dexol Pest Free
 Brands, Inc.                                          Insect Killer
------------------------------------------------------------------------
Prentiss Incorporated             655-696             Prentox Pyrifos
                                  655-792...........   0.50 RTU
                                  655-793...........  Prentox D + 2
                                                       Insecticide
                                                      Prentox Super
                                                       Brand D + 2
                                                       Insecticide
------------------------------------------------------------------------
Lebanon Seaboard Corporation      961-261             Greenskeeper
                                  961-275...........   Chinch Bug
                                  961-326...........   Control
                                                      Lebanon Lawn Food
                                                       19-4-4 w/Insect
                                                       and Grub Control
                                                      Agrico Country
                                                       Club Insect
                                                       Control
------------------------------------------------------------------------
NCH Corporation                   1769-281            Trail-Blazer
                                  1769-330..........  Dichloran L.O.
------------------------------------------------------------------------
Wellmark International            2724-471            Methoprene/
                                                       Chlorpyrifos
                                                       Combination
                                                       Collar for Dogs
------------------------------------------------------------------------
Happy Jack, Inc.                  2781-20             Happy Jack Tri-
                                  2781-35...........   Plex Flea and
                                  2781-47...........   Mange Collar
                                                      Happy Jack 3x
                                                       Flea, Tick and
                                                       Mange Collar for
                                                       Cats
                                                      Sardex
------------------------------------------------------------------------
PIC Corporation                   3095-46             PIC Roach, Ant and
                                  3095-54...........   Spider Killer #2
                                  3095-64...........  PIC Pest Control
                                                      PIC Roach Control
                                                       III
------------------------------------------------------------------------
Combe, Incorporated               4306-16             Sulfodene
                                                       Scratchex Flea
                                                       and Tick Collar
                                                       for Cats
------------------------------------------------------------------------
J.C. Ehrlich Chemical Company,    4704-41             Roach and Ant
 Inc.                                                  Killer #2
------------------------------------------------------------------------
Hub States, LLC                   5602-204            Hub States
                                                       Residual Crack/
                                                       Crevice
------------------------------------------------------------------------
Voluntary Purchasing Group        7401-293            Hi-Yield Special
                                  7401-294..........   Kill-A-Bug Lawn
                                  7401-296..........   Granules
                                  7401-313..........  Hi-Yield Dursban
                                  7401-314..........   Spray
                                  7401-347..........  Hi-Yield Mole
                                  7401-350..........   Cricket Bait
                                  7401-364..........   Containing
                                  7401-371..........   Dursban
                                  7401-416..........  Ferti-Lome Spider
                                  7401-417..........   Spray
                                  7401-419..........  Ferti-Lome Flea
                                  7401-423..........   and Tick Spray
                                  7401-448..........  Hi-Yield Dursban
                                                       Garden Dust
                                                      Hi-Yield Borer
                                                       Killer Containing
                                                       Dursban
                                                      Ferti-Lome Fire
                                                       Ant Killer
                                                      Improved Ferti-
                                                       lome Cricket and
                                                       Grasshopper Bait
                                                      Hi-Yield Termite
                                                       and Soil Insect
                                                       Killer
                                                      Hi-Yield Ready to
                                                       Use Flea and Tick
                                                       Killer
                                                      Hi-Yield Mole
                                                       Cricket Killer
                                                      Hi-Yield Kill-A-
                                                       Bug Lawn Granules
                                                      Dursban-1E Insect
                                                       Control
------------------------------------------------------------------------
Spectrum Group, Division of       8845-21             Rid-A-Bug Home
 United Industries Corp.          8845-30...........   Insect Killer
                                  8845-31...........   Brand AZ5
                                                      Rid-A-Bug
                                                       Concentrate Brand
                                                       DD7-2 Home Insect
                                                       Killer
                                                      Rid-A-Bug Flea and
                                                       Tick Brand TF-5
                                                       Killer
------------------------------------------------------------------------
Theochem Laboratories, Inc.       9367-29             Aqua-Sect Water
                                                       Base Insecticide
------------------------------------------------------------------------
Waterbury Companies Inc.          9444-90             CB Aqueous Crack
                                  9444-93...........   and Crevice
                                  9444-103..........   Insecticide
                                                      Dursban Crack and
                                                       Crevice
                                                       Insecticide
                                                      CB Flea and Tick
                                                       Spray
------------------------------------------------------------------------
Chemisco, Division of United      9688-42             Chemisco Ant and
 Industries Corp.                 9688-47...........   Roach Killer A
                                  9688-62...........  Ant and Roach
                                  9688-75...........   Killer IV
                                  9688-88...........  Chemisco Wasp and
                                  9688-95...........   Hornet Killer IV
                                  9688-96...........  Chemisco
                                                       Microencapsulated
                                                       Ant and Roach
                                                       Killer
                                                      Chemisco Lawn and
                                                       Garden Granules
                                                      Chemisco Insect
                                                       Control
                                                       Concentrate A
                                                      Chemisco Insect
                                                       Control
                                                       Concentrate B
------------------------------------------------------------------------
Lesco, Inc.                       10404-30            Lesco Lawn and
                                                       Ornamental 4.E
                                                       Plant Insecticide
------------------------------------------------------------------------
Hi-Yield Chemical Company         34911-12            Hi-Yield Kill-A-
                                  34911-17..........   Bug Lawn Granules
                                  34911-18..........  Hi-Yield Kill-A-
                                                       Bug
                                                       Hi-Yield Fire Ant
                                                       Killer
------------------------------------------------------------------------
St. Jon Laboratories, Inc.        45087-40            Zema 11 Month
                                                       Collar for Dogs
------------------------------------------------------------------------
Celex, Division of United         46515-13            Super K-Gro Home
 Industries Corp.                 46515-51..........   Pest Insect
                                                       Control
                                                      Dursban Insect
                                                       Spray
------------------------------------------------------------------------
Chem-Tech, Ltd.                   47000-60            Household
                                                       Insecticide (with
                                                       Dursban)
------------------------------------------------------------------------
Alljack, Division of United       49585-16            Super K Gro
 Industries Corp.                 49585-17..........   Dursban 1/2 G
                                  49585-18..........   Granular
                                                       Insecticide
                                                      Super K Gro
                                                       Dursban Grub and
                                                       Insect Control
                                                      Super K Gro Mole
                                                       Cricket Bait
------------------------------------------------------------------------
PM Resources, Inc.                67517-28            Roach and Ant
                                                       Insecticide
------------------------------------------------------------------------
Black Flag                        69421-31            Black Flag Roach
                                  69421-54..........   Control System
                                                      Black Flag Liquid
                                                       Roach and Ant
                                                       Killer
------------------------------------------------------------------------
Health and Environmental          71076-1             The Sprinklelizer
 Horizons, Ltd.                                        System
------------------------------------------------------------------------
OMS Investments, Inc.             71949-1             Ford's Dursban 1/2
                                  71949-4...........   G
                                  71949-5...........  Ford's Lawn
                                  71949-6...........   Granules
                                  71949-7...........  Ford's Roach Bait
                                  71949-8...........  Ford's Dursban
                                  71949-9...........   2.5% G Granular
                                                       Insecticide
                                                      Ford's Aquakill
                                                       Plus Roach Spray
                                                      Ford's Marine
                                                       Control Multi
                                                       Purpose
                                                       Insecticide
                                                      Ford's Dursban 1%
                                                       Dust Insecticide
------------------------------------------------------------------------

    In the June 27, 2001 Federal Register notice, EPA requested public
comment on the voluntary cancellation and use deletion requests, and
provided a 30-day comment period. The registrants requested that the
Administrator waive the 180-day comment period provided under FIFRA
section 6(f)(1)(C).
    Three public comments were submitted to the docket in response to
EPA's request for comments. Two of these comments focused on the
continued use of chlorpyrifos in ant and roach baits in child resistant
packaging and the third comment focused on the potential effects of
exposure to chlorpyrifos.

C. Requests for Voluntary Amendments to Delete Uses From the
Registrations of End-Use Products

    Pursuant to section 6(f)(1)(A) of FIFRA, several registrants have
also submitted requests to amend their end-use registrations of
pesticide products containing chlorpyrifos to delete the aforementioned
uses. The registrations for which amendments to delete uses were
requested are identified in the following Table 2.

        Table 2.--End-Use Product Registration Amendment Requests
------------------------------------------------------------------------
                                     Registration
             Company                    Number              Product
------------------------------------------------------------------------
Riverdale Chemical Company        228-161             Riverdale Grub Out
                                                       Plus Fertilizer
------------------------------------------------------------------------
Hub States, LLC                   5602-97             Di-Tox E
                                  5602-151..........  Di-Tox Plus
------------------------------------------------------------------------
Clark Mosquito Control            8329-26             Dursban 1/2 G
                                  8329-29...........  Dursban 1% G
------------------------------------------------------------------------

[[Page 47484]]

Knox Fertilizer Company, Inc.     8378-42             Dursban 70 with
                                  8378-43...........   Plant Food
                                  8378-44...........  Shaw's Dursban 50
                                  8378-46...........   with Plant Food
                                                      Shaw's Dursban 60
                                                       with Plant Food
                                                      Shaw's Dursban 100
                                                       Granules
------------------------------------------------------------------------
Waterbury Companies, Inc.         9444-184            CB Strikeforce I
                                  9444-202..........   Residual With
                                                       Dursban
                                                      Strikeforce II
                                                       Residual with
                                                       Dursban
------------------------------------------------------------------------
Athea Laboratories, Inc.          10088-84            Residual
                                  10088-85..........   Insecticide
                                  10088-94..........  Surface
                                                       Insecticide
                                                      Banish Residual
                                                       Insect Spray
------------------------------------------------------------------------
Howard Fertilizer Company, Inc    35512-27            Turf Pride
                                  35512-36..........   Fertilizer with
                                                       Dursban
                                                      Turf Pride with
                                                       0.67% Dursban
------------------------------------------------------------------------
Harrell's Inc.                    52287-5             0.4% Chlorpyrifos
                                                       Plus Fertilizer
------------------------------------------------------------------------
Troy E. Fox and Mariene R. Fox    55773-1             Score Roach Bait
------------------------------------------------------------------------

    In the June 27, 2001, Federal Register notice, EPA requested public
comment on the voluntary cancellation and use deletion requests, and
provided a 30-day comment period. The registrants requested that the
Administrator waive the 180-day comment period provided under FIFRA
section 6(f)(1)(C).

III. Cancellation Order

    Pursuant to section 6(f) of FIFRA, EPA is approving the requested
use deletions and the requested registration cancellations.
Accordingly, the Agency orders that the registrations identified in
Table 2 are hereby amended to delete the following uses: All post-
construction termite control uses, except spot and local treatment (use
of such products for spot and local treatment will be prohibited after
December 31, 2002 by product labeling); all other termite control uses,
effective December 31, 2004 (unless EPA has made a decision prior to
that date that preconstruction use may continue); all residential uses
(except for ant and roach baits in 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, non-agricultural uses (except ship holds, industrial
plants, manufacturing plants, food processing plants, containerized
baits in CRP, and processed wood products treated during the
manufacturing process at the manufacturing site or at the mill); all
outdoor non-residential, non-agricultural sites (except golf courses,
road medians, industrial plant sites, fence posts, utility poles,
railroad ties, landscape timbers, logs, pallets, wooden containers,
poles, posts, processed wood products, manhole covers, and underground
utility cable and conduits; and fire ant mound drenches for public
health purposes by licensed applicators and mosquito control for public
health purposes by public health agencies). The Agency also orders that
the registrations identified in Table 1 are hereby canceled. Any
distribution, sale, or use of existing stocks of the products
identified in Tables 1 and 2 in a manner inconsistent with the terms of
this Order or the Existing Stock Provisions in Unit IV of this Federal
Register notice will be considered a violation of section 12(a)(2)(K)
of FIFRA and/or section 12(a)(1)(A) of FIFRA.

IV. Existing Stocks Provisions

    For purposes of this Order, the term "existing stocks" is
defined, pursuant to EPA's existing stocks policy (56 FR 29362, June
26, 1991), 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 amendment
or cancellation.
    1. Distribution or sale by registrants of products bearing other
uses.
    (i) Restricted use and package size limitations. Except for the
purposes of returns for relabeling consistent with the June 7, 2000
Memorandum of Agreement, shipping for export consistent with the
requirements of section 17 of FIFRA, or proper disposal:
    (a) The distribution or sale by registrants of existing stocks of
any EC formulation product listed in Table 1 or 2 will not be lawful
under FIFRA after September 12, 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 1 or 2 labeled for any agricultural use and
that is not an EC, will not be lawful under FIFRA after September 12,
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 1 or 2 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 September 12, 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. Except for the purposes of returns for
relabeling consistent with the June 7, 2000 Memorandum of Agreement,
shipping for export consistent with the requirements of section 17 of
FIFRA, or proper disposal, the distribution or sale of existing stocks
by registrants of any product identified in Table 1 or 2 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, food processing plants, or
processed wood products treated during the manufacturing process at the
manufacturing site or at the mill.
    (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, non-agricultural 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 1 lb a.i./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,
processed wood products, manhole covers, and underground utility cable
and conduits.
    3. Retail and other distribution or sale. The retail sale of
existing stocks of products listed in Table 1 or 2 bearing instructions
for the prohibited uses set forth above in Units IV.1.ii.a. thru f.
will not be lawful under FIFRA after December 31, 2001. Except as
otherwise provided in this order, any other distribution or sale (for
example, return to the manufacturer for relabeling) is permitted until
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 1 or 2 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 above in Units IV.1. and IV.4., EPA intends to permit the
use of existing stocks of products listed in Table 1 or 2 until such
stocks are exhausted, provided such use is in accordance with the
existing labeling of that product.

List of Subjects

    Environmental protection, Memorandum of Agreement, Pesticides and
pests.

    Dated: August 29, 2001.
  Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 01-22756 Filed 9-11-01; 8:45 am]