Pesticide registration, cancellation, etc.: Chlorpyrifos,

[Federal Register: December 6, 2000 (Volume 65, Number 235)]

[Notices]

[Page 76233-76240]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr06de00-63]

ENVIRONMENTAL PROTECTION AGENCY

[OPP-34203F; FRL-6758-2]

Chlorpyrifos; Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces a cancellation order that was signed November 27, 2000, announcing the use deletions and cancellations as requested by the companies that hold the registrations of pesticide 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 September 20, 2000, notice of receipt of requests for amendments to delete uses and receipt of a request 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 December 1, 2000.

FOR FURTHER INFORMATION CONTACT: Tom Myers, Special Review and Reregistration Division (7508C), Office of Pesticide Programs, Environmental

[[Page 76234]]

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:

1. General Information

   1. 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.

   2. 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.

2. Receipt of Requests to Cancel and Amend Registrations to Delete Uses

   1. 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 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 announced the Agency's receipt of these requests from the registrants on September 20, 2000 (65 FR 56886). 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, 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 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); 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.

      On September 20, 2000, (65 FR 56886) (FRL-6743-7), EPA published in the Federal Register a notice of the Agency's receipt of amendments and cancellations for manufacturing-use products and associated end-use products for signatories of the Memorandum of Agreement that was signed on June 7, 2000 and subsequent ancillary agreements. A copy of the Memorandum of Agreement that was signed on June 7, 2000 is located in docket control number OPP-34203D.

   2. 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.

      [[Page 76235]]

      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

      UltratecInsecticid e w/ ChlorpyrifosEsbio thrin Trans.E.C. 2.5% -25% 432-649

      UltratecInsecticid e w/ SBP-1382/ Chlorpyrifos Trans.E.C. 1.6% - 16% 432-661

      UltratecInsecticid e w/Chlorpyrifos/ EsbiothrinTrans. 432-662

      UltratecInsecticid e w/ ChlorpyrifosTrans . Emuls. 25% 432-682

      UltratecInsecticid e w/Chlorpyrifos/ Pyr/PBO Trans.Emuls. 1.5 7.5 - 15 432-692

      UltratecInsecticid e 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 5Residual InsecticideInterm ediate 432-1095

      PyrenoneDursban Aqueous Base 432-1104

      PyrenoneDursban W- B 432-1106

      PyrenoneDursban Aqueous Base II Verdant Brands, Inc.

      769-690

      SMCP DFC- 4Formulators 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 America 11678-45

      Pyrinex Inc.

      Chlorpyrifos Insecticide Platte Chemical Company

      34704-801

      Chlorpyrifos Technical Luxembourg Industries (Pamol) 42519-17

      DorsanTechnical Ltd. Insecta Sales & Research, 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 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

      In the Federal Register notice published on September 20, 2000, 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 period provided under FIFRA section6(f)(1)(C). One public comment was submitted to the docket in response to EPA's request for comments.This comment was a generic comment on the overall organophosphate process focusing on the development of a new process for review of the organophosphate pesticides that did not relate to this action specifically.

   3. 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/ ChlorpyrifosTrans parent Emulsion Dilutable Conc. 1.6% + 16% 432-568

      Ultratec Insecticide w/ SBP-1382/ ChlorpyTrans. EM.Dil.Conc. 3.2% + 16% 432-569

      SBP-1382/ ChlorpyrifosTrans parent Emulsion Spray0.1 % + 0.5% 432-1027

      PyrenoneDursban Roach & Ant Spray 432-1059

      PyrenoneDursban Dual Use E.C. 432-1101

      AqueousResidual Spray 432-1107

      Pyrenone Dursban Water-Based Pressurized Spray Verdant Brands, Inc.

      769-562

      Mole Cricket Bait D 769-576

      Sureco Indoor Pest Control

      [[Page 76236]]

      769-578

      Sureco Yard and Kennel Spray Concentrate 769-607

      R&M InsectSpray withResmethrin/ Dursban 769-666

      Dursban 1E Insecticide 769-668

      SMCP D/V217 Insecticide 769-672

      SMCP Residual Roach Spray 769-685

      SMCP Dursban Household Insecticide 769-694

      SMCPXtraban 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 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

      Lorsban 1-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

      [[Page 76237]]

      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

      In the Federal Register notice published on September 20, 2000, 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 period provided under FIFRA section 6(f)(1)(C). 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 all of their other 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 3.

      Table 3.--End-Use Product Registration Amendment Requests

      Company

      Reg. No.

      Product/SLNs

      Verdant Brands, Inc.

      769-641

      Dursban 2EInsecticide 769-662

      SMCP Dursban .5% Granular Insecticide 769-679

      Dursban 1% Granular Insecticide 769-680

      Dursban Mole Cricket Bait 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 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, GA93000400) 62719-254

      Dursban 4E-N 62719-255

      Dursban 50W Nursery in Water Soluble Packets

      [[Page 76238]]

      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 America 66222-3

      Pyrinex 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 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

      In the Federal Register notice published on September 20, 2000, 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 period provided under FIFRA section 6(f)(1)(C).

3. 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 3 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 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, 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); and use on tomatoes and post-bloom apple trees (except for tree trunk use). The Agency also orders that the registrations identified in Tables 1 and 2 are hereby canceled. Any distribution, sale, or use of existing stocks of the products identified in Tables 1-3 in a manner inconsistent with the terms of this Order or the Existing Stock Provisions in Unit IV. of this document will be considered a violation of section 12(a)(2)(K) of FIFRA and/or section 12(a)(1)(A) of FIFRA.

4. 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. 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 December 27, 2000, except for the purposes of returns for relabeling consistent with the June 7, 2000 Memorandum of 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 December 1, 2000 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

         [[Page 76239]]

         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 (except for tree trunk use) will not be lawful under FIFRA as of December 1, 2000.

         (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, 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 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, processed wood products, manhole covers and underground utility cable and conduits.

         (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 by this order may continue until such stocks are exhausted provided such use is in accordance with the existing label of that product.

   2. End-Use Products

      1. Distribution, sale of products bearing instructions for use on tomatoes or apple trees post bloom. The distribution or sale 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 (other than tree trunk use) or use on tomatoes will not be lawful under FIFRA after December 31, 2000, except for the purposes of returns for relabeling consistent with the June 7, 2000 Memorandum of Agreement, shipping such stocks for export consistent with the requirements of section 17 of FIFRA, or proper disposal. Any use of such products for post-bloom application to apple trees (other than tree trunk use) or tomatoes will not be lawful after December 31, 2000. All other use of such products may continue until stocks are exhausted, provided such use is 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. 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 2 or 3 that is an EC 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 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 . 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 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, 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 1lb./ai per acre; mosquito control for public

         [[Page 76240]]

         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 2 or 3 bearing instructions for the prohibited uses set forth in Unit IV.B.2.(ii)(a)-(f) of this document 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 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 above in Units IV.B.1. and IV.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.

         List of Subjects

         Environmental protection, Memorandum of Agreement, Pesticides and pests.

         Dated: November 27, 2000. Jack E. Housenger, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs.

         [FR Doc. 00-30917Filed12-5-00; 8:45 am]

         BILLING CODE 6560-50-S