17 Sep EPA Issues Update to Existing Stocks Provisions for One Chlorpyrifos Product
The U.S. Environmental Protection Agency (EPA) is issuing an amendment to the existing stocks provisions for the Kaizen Technologies LLC (Kaizen) chlorpyrifos end-use product “Bifenchlor” to allow for sale, distribution, and use for a limited time. The 2023 court decision vacating the 2021 chlorpyrifos tolerance revocation rule reinstated tolerances for products that registrants had previously voluntarily cancelled. Granting this amendment ensures greater consistency across chlorpyrifos products.
Chlorpyrifos is an organophosphate insecticide that has been used for many food crops, including growing soybeans, fruit and nut trees, broccoli, cauliflower, and other row crops, as well as non-food uses. In a final rule issued in August 2021, EPA revoked all tolerances for chlorpyrifos, which establish an amount of chlorpyrifos that is allowed on food. This action stopped the use of chlorpyrifos on all food and animal feed. EPA took this action in response to an April 2021 order from the U.S. Court of Appeals for the Ninth Circuit for the Agency to issue—within 60 days—a final rule addressing the use of chlorpyrifos in food or feed crops, without taking public comment or engaging in “further fact-finding.”
On November 2, 2023, the U.S. Court of Appeals for the Eighth Circuit vacated EPA’s August 2021 rule revoking all tolerances and reinstated the chlorpyrifos tolerances. On February 5, 2024, EPA issued a Federal Register notice to amend the Code of Federal Regulations to reflect the court’s reinstatement of those tolerances. At this time, all the chlorpyrifos tolerances have been reinstated and are currently in effect.
EPA expects to issue a proposed rule later this year to revoke the tolerances associated with all but the 11 food and feed crop uses identified in the 2020 Proposed Interim Decision whose tolerances could be retained. Based on the available data, retaining only the 11 food uses could decrease average annual pounds of chlorpyrifos applied in the U.S. by 70% as compared to historical usage.
Amendment for Existing Stocks for Kaizen Product
EPA has amended the existing stocks provisions for the Kaizen chlorpyrifos end-use product Bifenchlor (Reg. No. 86363-11), which was voluntarily cancelled on August 31, 2022. The August 2022 order noted that all chlorpyrifos tolerances had been revoked, and thus all use on food, and all sale and distribution of existing stocks for the products identified in that order were inconsistent with the purposes of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, and existing stocks were permitted to be sold and distributed only for export or proper disposal. The sale and distribution of existing stocks of this product has been amended for consistency with the existing stock provisions for other registrants who requested this provision. Sale and distribution is now permitted until April 30, 2025, and use of existing stocks of this product is now permitted until June 30, 2025. Any distribution, sale, or use of existing stocks of this product is permitted only in accordance with the terms of the final cancellation order and existing stocks provisions of the final cancellation order, as amended.
The final cancellation orders and existing stocks amendment are available at docket ID EPA-HQ-OPP-2022-0223 at www.regulations.gov. For more information, view the Federal Register Notice.