80_FR_60863 80 FR 60669 - Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations

80 FR 60669 - Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 194 (October 7, 2015)

Page Range60669-60671
FR Document2015-25568

EPA has granted or denied emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions or denials were issued during the period April 1, 2015 to June 30, 2015 to control unforeseen pest outbreaks.

Federal Register, Volume 80 Issue 194 (Wednesday, October 7, 2015)
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60669-60671]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25568]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0301; FRL-9933-51]


Pesticide Emergency Exemptions; Agency Decisions and State and 
Federal Agency Crisis Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA has granted or denied emergency exemptions under the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of 
pesticides as listed in this notice. The exemptions or denials were 
issued during the period April 1, 2015 to June 30, 2015 to control 
unforeseen pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: RDFRNotices@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed at the end of 
the emergency exemption or denial.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2015-0301 is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

II. Background

    EPA has granted or denied emergency exemptions to the following 
State and Federal agencies. The emergency exemptions may take the 
following form: Crisis, public health, quarantine, or specific. EPA has 
also listed denied emergency exemption requests in this notice.
    Under FIFRA section 18 (7 U.S.C. 136p), EPA can authorize the use 
of a pesticide when emergency conditions exist. Authorizations 
(commonly called emergency exemptions) are granted to State and Federal 
agencies and are of four types:
    1. A ``specific exemption'' authorizes use of a pesticide against 
specific pests on a limited acreage in a particular State. Most 
emergency exemptions are specific exemptions.
    2. ``Quarantine'' and ``public health'' exemptions are emergency 
exemptions issued for quarantine or public health purposes. These are 
rarely requested.
    3. A ``crisis exemption'' is initiated by a State or Federal agency 
(and is confirmed by EPA) when there is insufficient time to request 
and obtain EPA permission for use of a pesticide in an emergency.

[[Page 60670]]

    EPA may deny an emergency exemption: If the State or Federal agency 
cannot demonstrate that an emergency exists, if the use poses 
unacceptable risks to the environment, or if EPA cannot reach a 
conclusion that the proposed pesticide use is likely to result in ``a 
reasonable certainty of no harm'' to human health, including exposure 
of infants and children to residues of the pesticide.
    If the emergency use of the pesticide on a food or feed commodity 
would result in pesticide chemical residues, EPA establishes a time-
limited tolerance meeting the ``reasonable certainty of no harm 
standard'' of the Federal Food, Drug, and Cosmetic Act (FFDCA).
    In this document: EPA identifies the State or Federal agency issued 
the exemption or denial, the type of exemption, the pesticide 
authorized and the pests, the crop or use for which authorized, and the 
duration of the exemption. EPA also gives the Federal Register citation 
for the time-limited tolerance, if any.

III. Emergency Exemptions and Denials

A. U.S. States and Territories

Arkansas
State Plant Board
    Specific exemption: EPA authorized the use of anthraquinone on rice 
seed to repel blackbirds and reduce damage to seedlings; April 1, 2015 
to June 15, 2015.
California
Department of Environmental Protection
    Crisis exemption: On June 25, 2015 the California Department of 
Environmental Protection declared a crisis for the use of Aspergillus 
Flavus AF36 on figs to reduce aflatoxin-producing fungi on dried figs.
    Specific Exemption: EPA authorized the use of etofenprox in 
mushroom cultivation to control phorid and sciarid flies; April 27, 
2015 to April 27, 2016.
Connecticut
Department of Energy and Environmental Protection
    Specific exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 2, 2015 to 
December 31, 2015.
Delaware
Department of Agriculture
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; April 6, 
2015 to October 15, 2015.
    EPA authorized the use of potassium salt of hop beta acids in 
beehives to control varroa mite; May 4, 2015 to December 31, 2015.
Delaware
Department of Health and Social Services
    Crisis exemptions: On June 11, 2015 the Delaware Department of 
Health and Social Services declared crisis exemptions for the use of 
ethylene oxide, formaldehyde, hydrogen peroxide, paracetic acid, and 
sodium hypochlorite to inactivate Bacillus anthracis (anthrax) spores 
in laboratories that processed samples originating from Dugway Proving 
Ground potentially containing viable anthrax spores.
Florida
Department of Agriculture and Consumer Services
    Quarantine Exemption: EPA authorized the use of naled in a bait 
treatment to eradicate non-native and invasive Tephritid fruit flies 
which are responsive to the attractant, methyl eugenol; June 4, 2015 to 
June 4, 2016.
Georgia
Department of Agriculture
    Denial: On April 15, 2015 EPA denied the use of a pesticide product 
containing the active ingredient terbufos on cotton to control plant 
parasitic nematodes. This request was denied because the Agency was 
unable to conclude that the proposed pesticide use is likely to result 
in ``a reasonable certainty of no harm'' to human health, including 
exposure of infants and children to residues of the pesticide as 
required under the Food Quality Protection Act (FQPA).
Idaho
Department of Agriculture
    Crisis exemption: On March 6, 2015 the Idaho Department of 
Agriculture declared a crisis for the use of thiabendazole on succulent 
pea seeds to suppress seed-borne Ascochyta blight and protect against 
Fusarium root rot.
    Specific Exemption: EPA authorized the use of hexythiazox on sugar 
beets for control of spider mites; May 1, 2015 to September 30, 2015.
Kansas
Department of Agriculture
    Specific exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 13, 2015 to 
December 31, 2015.
Maryland
Department of Agriculture
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; April 6, 
2015 to October 15, 2015.
Maine
Department of Agriculture, Conservation and Forestry
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; May 4, 2015 to December 
31, 2015.
Michigan
Department of Agriculture and Rural Development
    Crisis exemption: On April 14, 2015 the Michigan Department of 
Agriculture and Rural Development declared a crisis for the use of 
fluensulfone to control plant-parasitic nematodes in carrot fields.
    On June 9, 2015 the Michigan Department of Agriculture and Rural 
Development declared a crisis for the use of fluopicolide on hops to 
control downy mildew.
Minnesota
Department of Agriculture
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; May 22, 2015 to December 
31, 2015.
New York
Department of Environmental Conservation
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 29, 2015 to 
December 31, 2015.
North Carolina
Department of Agriculture and Consumer Services
    Denial: On April 15, 2015 EPA denied the use of a pesticide product 
containing the active ingredient terbufos on cotton to control plant 
parasitic nematodes. This request was denied because the Agency was 
unable to conclude that the proposed pesticide use is likely to result 
in ``a reasonable certainty of no harm'' to human health, including 
exposure of infants and children to residues of the pesticide as 
required under the Food Quality Protection Act (FQPA).
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; May 7, 
2015 to October 15, 2015.

[[Page 60671]]

Oregon
Department of Agriculture
    Specific Exemption: EPA authorized the use of hexythiazox on sugar 
beets for control of spider mites; May 1, 2015 to September 30, 2015.
Pennsylvania
Department of Agriculture
    Specific Exemptions: EPA authorized the use of thiabendazole in 
mushroom cultivation to control Trichoderma green mold; March 26, 2015 
to March 26, 2016.
    EPA authorized the use of etofenprox in mushroom cultivation to 
control phorid and sciarid flies; April 27, 2015 to April 27, 2016.
    EPA authorized the use of bifenthrin on apple, peach, and nectarine 
to control the brown marmorated stinkbug; May 7, 2015 to October 15, 
2015.
South Carolina
Department of Pesticide Regulation
    Denial: On April 15, 2015 EPA denied the use of a pesticide product 
containing the active ingredient terbufos on cotton to control plant 
parasitic nematodes. This request was denied because the Agency was 
unable to conclude that the proposed pesticide use is likely to result 
in ``a reasonable certainty of no harm'' to human health, including 
exposure of infants and children to residues of the pesticide as 
required under the Food Quality Protection Act (FQPA).
Tennessee
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphid; June 8, 2015 to November 30, 2015.
Texas
Department of Agriculture
    Denial: On April 15, 2015 EPA denied the use of a pesticide product 
containing the active ingredient terbufos on cotton to control plant 
parasitic nematodes. This request was denied because the Agency was 
unable to conclude that the proposed pesticide use is likely to result 
in ``a reasonable certainty of no harm'' to human health, including 
exposure of infants and children to residues of the pesticide as 
required under the Food Quality Protection Act (FQPA).
Texas
Department of State Health Services
    Crisis exemptions: On June 8, 2015 the Texas Department of State 
Health Services declared crisis exemptions for the use of ethylene 
oxide, formaldehyde, hydrogen peroxide, paracetic acid, and sodium 
hypochlorite to inactivate Bacillus anthracis (anthrax) spores in 
laboratories that processed samples originating from Dugway Proving 
Ground potentially containing viable anthrax spores.
Utah
Department of Agriculture and Food
    Crisis exemption: On June 19, 2015 the Utah Department of 
Agriculture and Food declared crisis exemptions for the use of sodium 
hypochlorite to inactivate Bacillus anthracis (anthrax) spores in 
laboratories that processed samples originating from Dugway Proving 
Ground potentially containing viable anthrax spores.
Virginia
Department of Agriculture and Consumer Services
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; April 6, 
2015 to October 15, 2015.
Washington
Department of Agriculture
    Specific Exemption: EPA authorized the use of lambda-cyhalothrin on 
asparagus for control of the European asparagus aphid; June 17, 2015 to 
October 30, 2015.
West Virginia
Department of Agriculture
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; May 7, 
2015 to October 15, 2015.
Wisconsin
Department of Health Services
    Crisis exemptions: On June 12, 2015 the Wisconsin Department of 
Health Services declared crisis exemptions for the use of ethylene 
oxide, formaldehyde, hydrogen peroxide, paracetic acid, and sodium 
hypochlorite to inactivate Bacillus anthracis (anthrax) spores in 
laboratories that processed samples originating from Dugway Proving 
Ground potentially containing viable anthrax spores.
Wyoming
Department of Agriculture
    Specific Exemption: EPA authorized the use of diflubenzuron on 
alfalfa for control of grasshoppers and Mormon crickets; April 14, 2015 
to October 31, 2015.

B. Federal Departments and Agencies

Environmental Protection Agency
Office of Emergency Management
    Quarantine Exemptions: EPA authorized the uses of ethylene oxide, 
formaldehyde, hydrogen peroxide, paracetic acid, and sodium 
hypochlorite for use in contaminated buildings for decontamination from 
anthrax spores. These exemptions were authorized for the purposes of 
emergency preparedness so the necessary materials are allowed and 
available to be used in the event of an anthrax contamination, either 
deliberate or accidental. June 4, 2015 to June 4, 2018.

    Authority: 7 U.S.C. 136 et seq.

    Dated: September 16, 2016.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-25568 Filed 10-6-15; 8:45 a.m.]
 BILLING CODE 6560-50-P



                                                                               Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices                                             60669

                                                    Virginia’s request to revise/modify its                 Discharge Elimination System program                  applies to them. Potentially affected
                                                    EPA Administered Permit Programs:                       and, based on this review, EPA                        entities may include:
                                                    The National Pollutant Discharge                        determined that the application met the                  • Crop production (NAICS code 111).
                                                    Elimination System EPA-authorized                       standards for approval of authorized                     • Animal production (NAICS code
                                                    program to allow electronic reporting.                  program revision/modification set out in              112).
                                                    DATES: EPA’s approval is effective                      40 CFR part 3, subpart D. In accordance                  • Food manufacturing (NAICS code
                                                    October 7, 2015.                                        with 40 CFR 3.1000(d), this notice of                 311).
                                                    FOR FURTHER INFORMATION CONTACT:                        EPA’s decision to approve Virginia’s                     • Pesticide manufacturing (NAICS
                                                    Karen Seeh, U.S. Environmental                          request to revise/modify its Part 123—                code 32532).
                                                                                                            EPA Administered Permit Programs:                        If you have any questions regarding
                                                    Protection Agency, Office of
                                                                                                            The National Pollutant Discharge                      the applicability of this action to a
                                                    Environmental Information, Mail Stop
                                                                                                            Elimination System program to allow                   particular entity, consult the person
                                                    2823T, 1200 Pennsylvania Avenue NW.,
                                                                                                            electronic reporting under 40 CFR part                listed at the end of the emergency
                                                    Washington, DC 20460, (202) 566–1175,
                                                                                                            122 is being published in the Federal                 exemption or denial.
                                                    seeh.karen@epa.gov.
                                                    SUPPLEMENTARY INFORMATION: On                           Register.                                             B. How can I get copies of this document
                                                    October 13, 2005, the final Cross-Media                    VA DEQ was notified of EPA’s                       and other related information?
                                                    Electronic Reporting Rule (CROMERR)                     determination to approve its application
                                                                                                            with respect to the authorized program                   The docket for this action, identified
                                                    was published in the Federal Register                                                                         by docket identification (ID) number
                                                    (70 FR 59848) and codified as part 3 of                 listed above.
                                                                                                                                                                  EPA–HQ–OPP–2015–0301 is available
                                                    title 40 of the CFR. CROMERR                            Matthew Leopard,                                      at http://www.regulations.gov or at the
                                                    establishes electronic reporting as an                  Director, Office of Information Collection.           Office of Pesticide Programs Regulatory
                                                    acceptable regulatory alternative to                    [FR Doc. 2015–25528 Filed 10–6–15; 8:45 am]           Public Docket (OPP Docket) in the
                                                    paper reporting and establishes                                                                               Environmental Protection Agency
                                                                                                            BILLING CODE 6560–50–P
                                                    requirements to assure that electronic                                                                        Docket Center (EPA/DC), West William
                                                    documents are as legally dependable as                                                                        Jefferson Clinton Bldg., Rm. 3334, 1301
                                                    their paper counterparts. Subpart D of                  ENVIRONMENTAL PROTECTION                              Constitution Ave. NW., Washington, DC
                                                    CROMERR requires that state, tribal or                  AGENCY                                                20460–0001. The Public Reading Room
                                                    local government agencies that receive,                                                                       is open from 8:30 a.m. to 4:30 p.m.,
                                                    or wish to begin receiving, electronic                  [EPA–HQ–OPP–2015–0301; FRL–9933–51]
                                                                                                                                                                  Monday through Friday, excluding legal
                                                    reports under their EPA-authorized                                                                            holidays. The telephone number for the
                                                    programs must apply to EPA for a                        Pesticide Emergency Exemptions;
                                                                                                            Agency Decisions and State and                        Public Reading Room is (202) 566–1744,
                                                    revision or modification of those                                                                             and the telephone number for the OPP
                                                    programs and obtain EPA approval.                       Federal Agency Crisis Declarations
                                                                                                                                                                  Docket is (703) 305–5805. Please review
                                                    Subpart D provides standards for such                   AGENCY: Environmental Protection                      the visitor instructions and additional
                                                    approvals based on consideration of the                 Agency (EPA).                                         information about the docket available
                                                    electronic document receiving systems                   ACTION: Notice.                                       at http://www.epa.gov/dockets.
                                                    that the state, tribe, or local government
                                                    will use to implement the electronic                    SUMMARY:   EPA has granted or denied                  II. Background
                                                    reporting. Additionally, § 3.1000(b)                    emergency exemptions under the                           EPA has granted or denied emergency
                                                    through (e) of 40 CFR part 3, subpart D                 Federal Insecticide, Fungicide, and                   exemptions to the following State and
                                                    provides special procedures for program                 Rodenticide Act (FIFRA) for use of                    Federal agencies. The emergency
                                                    revisions and modifications to allow                    pesticides as listed in this notice. The              exemptions may take the following
                                                    electronic reporting, to be used at the                 exemptions or denials were issued                     form: Crisis, public health, quarantine,
                                                    option of the state, tribe or local                     during the period April 1, 2015 to June               or specific. EPA has also listed denied
                                                    government in place of procedures                       30, 2015 to control unforeseen pest                   emergency exemption requests in this
                                                    available under existing program-                       outbreaks.                                            notice.
                                                    specific authorization regulations. An                  FOR FURTHER INFORMATION CONTACT:                         Under FIFRA section 18 (7 U.S.C.
                                                    application submitted under the subpart                 Susan Lewis, Registration Division                    136p), EPA can authorize the use of a
                                                    D procedures must show that the state,                  (7505P), Office of Pesticide Programs,                pesticide when emergency conditions
                                                    tribe or local government has sufficient                Environmental Protection Agency, 1200                 exist. Authorizations (commonly called
                                                    legal authority to implement the                        Pennsylvania Ave. NW., Washington,                    emergency exemptions) are granted to
                                                    electronic reporting components of the                  DC 20460–0001; main telephone                         State and Federal agencies and are of
                                                    programs covered by the application                     number: (703) 305–7090; email address:                four types:
                                                    and will use electronic document                        RDFRNotices@epa.gov.                                     1. A ‘‘specific exemption’’ authorizes
                                                    receiving systems that meet the                                                                               use of a pesticide against specific pests
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    applicable subpart D requirements.                                                                            on a limited acreage in a particular
                                                       On January 13, 2010, the Virginia                    I. General Information                                State. Most emergency exemptions are
                                                    Department of Environmental Quality                                                                           specific exemptions.
                                                    (VA DEQ) submitted an application                       A. Does this action apply to me?                         2. ‘‘Quarantine’’ and ‘‘public health’’
                                                    titled ‘‘Electronic Environmental Data                     You may be potentially affected by                 exemptions are emergency exemptions
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Exchange Reporting System’’ for                         this action if you are an agricultural                issued for quarantine or public health
                                                    revision/modification to its EPA-                       producer, food manufacturer, or                       purposes. These are rarely requested.
                                                    approved stormwater program under                       pesticide manufacturer. The following                    3. A ‘‘crisis exemption’’ is initiated by
                                                    title 40 CFR to allow new electronic                    list of North American Industrial                     a State or Federal agency (and is
                                                    reporting. EPA reviewed VA DEQ’s                        Classification System (NAICS) codes is                confirmed by EPA) when there is
                                                    request to revise/modify its EPA-                       not intended to be exhaustive, but rather             insufficient time to request and obtain
                                                    authorized Part 123—EPA Administered                    provides a guide to help readers                      EPA permission for use of a pesticide in
                                                    Permit Programs: The National Pollutant                 determine whether this document                       an emergency.


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                                                    60670                      Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices

                                                      EPA may deny an emergency                               EPA authorized the use of potassium                 Maryland
                                                    exemption: If the State or Federal                      salt of hop beta acids in beehives to                 Department of Agriculture
                                                    agency cannot demonstrate that an                       control varroa mite; May 4, 2015 to
                                                    emergency exists, if the use poses                      December 31, 2015.                                      Specific Exemption: EPA authorized
                                                    unacceptable risks to the environment,                                                                        the use of bifenthrin on apple, peach,
                                                                                                            Delaware                                              and nectarine to control the brown
                                                    or if EPA cannot reach a conclusion that
                                                    the proposed pesticide use is likely to                 Department of Health and Social                       marmorated stinkbug; April 6, 2015 to
                                                    result in ‘‘a reasonable certainty of no                Services                                              October 15, 2015.
                                                    harm’’ to human health, including                         Crisis exemptions: On June 11, 2015                 Maine
                                                    exposure of infants and children to                     the Delaware Department of Health and                 Department of Agriculture,
                                                    residues of the pesticide.                              Social Services declared crisis                       Conservation and Forestry
                                                      If the emergency use of the pesticide                 exemptions for the use of ethylene
                                                    on a food or feed commodity would                                                                               Specific Exemption: EPA authorized
                                                                                                            oxide, formaldehyde, hydrogen                         the use of potassium salt of hop beta
                                                    result in pesticide chemical residues,                  peroxide, paracetic acid, and sodium
                                                    EPA establishes a time-limited tolerance                                                                      acids in beehives to control varroa mite;
                                                                                                            hypochlorite to inactivate Bacillus                   May 4, 2015 to December 31, 2015.
                                                    meeting the ‘‘reasonable certainty of no                anthracis (anthrax) spores in
                                                    harm standard’’ of the Federal Food,                    laboratories that processed samples                   Michigan
                                                    Drug, and Cosmetic Act (FFDCA).                         originating from Dugway Proving
                                                      In this document: EPA identifies the                                                                        Department of Agriculture and Rural
                                                                                                            Ground potentially containing viable                  Development
                                                    State or Federal agency issued the                      anthrax spores.
                                                    exemption or denial, the type of                                                                                 Crisis exemption: On April 14, 2015
                                                    exemption, the pesticide authorized and                 Florida                                               the Michigan Department of Agriculture
                                                    the pests, the crop or use for which                    Department of Agriculture and                         and Rural Development declared a crisis
                                                    authorized, and the duration of the                     Consumer Services                                     for the use of fluensulfone to control
                                                    exemption. EPA also gives the Federal                                                                         plant-parasitic nematodes in carrot
                                                    Register citation for the time-limited                     Quarantine Exemption: EPA                          fields.
                                                    tolerance, if any.                                      authorized the use of naled in a bait                    On June 9, 2015 the Michigan
                                                                                                            treatment to eradicate non-native and                 Department of Agriculture and Rural
                                                    III. Emergency Exemptions and Denials                   invasive Tephritid fruit flies which are              Development declared a crisis for the
                                                    A. U.S. States and Territories                          responsive to the attractant, methyl                  use of fluopicolide on hops to control
                                                                                                            eugenol; June 4, 2015 to June 4, 2016.                downy mildew.
                                                    Arkansas
                                                                                                            Georgia                                               Minnesota
                                                    State Plant Board
                                                                                                            Department of Agriculture                             Department of Agriculture
                                                      Specific exemption: EPA authorized
                                                    the use of anthraquinone on rice seed to                  Denial: On April 15, 2015 EPA denied                  Specific Exemption: EPA authorized
                                                    repel blackbirds and reduce damage to                   the use of a pesticide product                        the use of potassium salt of hop beta
                                                    seedlings; April 1, 2015 to June 15,                    containing the active ingredient terbufos             acids in beehives to control varroa mite;
                                                    2015.                                                   on cotton to control plant parasitic                  May 22, 2015 to December 31, 2015.
                                                                                                            nematodes. This request was denied                    New York
                                                    California
                                                                                                            because the Agency was unable to
                                                    Department of Environmental Protection                                                                        Department of Environmental
                                                                                                            conclude that the proposed pesticide
                                                                                                                                                                  Conservation
                                                       Crisis exemption: On June 25, 2015                   use is likely to result in ‘‘a reasonable
                                                                                                            certainty of no harm’’ to human health,                 Specific Exemption: EPA authorized
                                                    the California Department of
                                                                                                            including exposure of infants and                     the use of potassium salt of hop beta
                                                    Environmental Protection declared a
                                                                                                            children to residues of the pesticide as              acids in beehives to control varroa mite;
                                                    crisis for the use of Aspergillus Flavus
                                                                                                            required under the Food Quality                       April 29, 2015 to December 31, 2015.
                                                    AF36 on figs to reduce aflatoxin-
                                                    producing fungi on dried figs.                          Protection Act (FQPA).                                North Carolina
                                                       Specific Exemption: EPA authorized                   Idaho                                                 Department of Agriculture and
                                                    the use of etofenprox in mushroom                                                                             Consumer Services
                                                    cultivation to control phorid and sciarid               Department of Agriculture
                                                    flies; April 27, 2015 to April 27, 2016.                  Crisis exemption: On March 6, 2015                    Denial: On April 15, 2015 EPA denied
                                                                                                            the Idaho Department of Agriculture                   the use of a pesticide product
                                                    Connecticut                                                                                                   containing the active ingredient terbufos
                                                                                                            declared a crisis for the use of
                                                    Department of Energy and                                thiabendazole on succulent pea seeds to               on cotton to control plant parasitic
                                                    Environmental Protection                                suppress seed-borne Ascochyta blight                  nematodes. This request was denied
                                                                                                            and protect against Fusarium root rot.                because the Agency was unable to
                                                      Specific exemption: EPA authorized                                                                          conclude that the proposed pesticide
                                                    the use of potassium salt of hop beta                     Specific Exemption: EPA authorized
                                                                                                                                                                  use is likely to result in ‘‘a reasonable
                                                    acids in beehives to control varroa mite;               the use of hexythiazox on sugar beets for
                                                                                                                                                                  certainty of no harm’’ to human health,
                                                    April 2, 2015 to December 31, 2015.                     control of spider mites; May 1, 2015 to
                                                                                                                                                                  including exposure of infants and
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                                                                                                            September 30, 2015.
                                                    Delaware                                                                                                      children to residues of the pesticide as
                                                                                                            Kansas                                                required under the Food Quality
                                                    Department of Agriculture
                                                                                                            Department of Agriculture                             Protection Act (FQPA).
                                                      Specific Exemption: EPA authorized                                                                            Specific Exemption: EPA authorized
                                                    the use of bifenthrin on apple, peach,                    Specific exemption: EPA authorized                  the use of bifenthrin on apple, peach,
                                                    and nectarine to control the brown                      the use of potassium salt of hop beta                 and nectarine to control the brown
                                                    marmorated stinkbug; April 6, 2015 to                   acids in beehives to control varroa mite;             marmorated stinkbug; May 7, 2015 to
                                                    October 15, 2015.                                       April 13, 2015 to December 31, 2015.                  October 15, 2015.


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                                                                               Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices                                                 60671

                                                    Oregon                                                  Services declared crisis exemptions for               crickets; April 14, 2015 to October 31,
                                                    Department of Agriculture                               the use of ethylene oxide,                            2015.
                                                                                                            formaldehyde, hydrogen peroxide,
                                                      Specific Exemption: EPA authorized                                                                          B. Federal Departments and Agencies
                                                                                                            paracetic acid, and sodium hypochlorite
                                                    the use of hexythiazox on sugar beets for               to inactivate Bacillus anthracis (anthrax)            Environmental Protection Agency
                                                    control of spider mites; May 1, 2015 to                 spores in laboratories that processed
                                                    September 30, 2015.                                                                                           Office of Emergency Management
                                                                                                            samples originating from Dugway
                                                                                                            Proving Ground potentially containing                   Quarantine Exemptions: EPA
                                                    Pennsylvania
                                                                                                            viable anthrax spores.                                authorized the uses of ethylene oxide,
                                                    Department of Agriculture                                                                                     formaldehyde, hydrogen peroxide,
                                                                                                            Utah                                                  paracetic acid, and sodium hypochlorite
                                                      Specific Exemptions: EPA authorized
                                                    the use of thiabendazole in mushroom                    Department of Agriculture and Food                    for use in contaminated buildings for
                                                    cultivation to control Trichoderma                                                                            decontamination from anthrax spores.
                                                                                                              Crisis exemption: On June 19, 2015                  These exemptions were authorized for
                                                    green mold; March 26, 2015 to March                     the Utah Department of Agriculture and
                                                    26, 2016.                                                                                                     the purposes of emergency preparedness
                                                                                                            Food declared crisis exemptions for the               so the necessary materials are allowed
                                                      EPA authorized the use of etofenprox                  use of sodium hypochlorite to inactivate
                                                    in mushroom cultivation to control                                                                            and available to be used in the event of
                                                                                                            Bacillus anthracis (anthrax) spores in                an anthrax contamination, either
                                                    phorid and sciarid flies; April 27, 2015                laboratories that processed samples
                                                    to April 27, 2016.                                                                                            deliberate or accidental. June 4, 2015 to
                                                                                                            originating from Dugway Proving                       June 4, 2018.
                                                      EPA authorized the use of bifenthrin                  Ground potentially containing viable
                                                    on apple, peach, and nectarine to                       anthrax spores.                                         Authority: 7 U.S.C. 136 et seq.
                                                    control the brown marmorated stinkbug;                                                                          Dated: September 16, 2016.
                                                    May 7, 2015 to October 15, 2015.                        Virginia
                                                                                                                                                                  Susan Lewis,
                                                    South Carolina                                          Department of Agriculture and                         Director, Registration Division, Office of
                                                                                                            Consumer Services                                     Pesticide Programs.
                                                    Department of Pesticide Regulation
                                                                                                              Specific Exemption: EPA authorized                  [FR Doc. 2015–25568 Filed 10–6–15; 8:45 a.m.]
                                                      Denial: On April 15, 2015 EPA denied                  the use of bifenthrin on apple, peach,                BILLING CODE 6560–50–P
                                                    the use of a pesticide product                          and nectarine to control the brown
                                                    containing the active ingredient terbufos               marmorated stinkbug; April 6, 2015 to
                                                    on cotton to control plant parasitic                    October 15, 2015.                                     ENVIRONMENTAL PROTECTION
                                                    nematodes. This request was denied                                                                            AGENCY
                                                    because the Agency was unable to                        Washington
                                                    conclude that the proposed pesticide                    Department of Agriculture                             [EPA–HQ–OPPT–2013–0677; FRL–9934–36]
                                                    use is likely to result in ‘‘a reasonable
                                                    certainty of no harm’’ to human health,                   Specific Exemption: EPA authorized                  Receipt of Test Data Under the Toxic
                                                    including exposure of infants and                       the use of lambda-cyhalothrin on                      Substances Control Act
                                                    children to residues of the pesticide as                asparagus for control of the European
                                                    required under the Food Quality                         asparagus aphid; June 17, 2015 to                     AGENCY: Environmental Protection
                                                    Protection Act (FQPA).                                  October 30, 2015.                                     Agency (EPA).
                                                                                                            West Virginia                                         ACTION: Notice.
                                                    Tennessee
                                                    Department of Agriculture                               Department of Agriculture                             EPA is announcing its receipt
                                                                                                                                                                  SUMMARY:
                                                                                                                                                       of test data submitted pursuant to a test
                                                      Specific exemption: EPA authorized                      Specific Exemption: EPA authorized
                                                                                                                                                       rule issued by EPA under the Toxic
                                                    the use of sulfoxaflor on sorghum to                    the use of bifenthrin on apple, peach,
                                                                                                                                                       Substances Control Act (TSCA). As
                                                    control sugarcane aphid; June 8, 2015 to                and nectarine to control the brown
                                                                                                                                                       required by TSCA, this document
                                                    November 30, 2015.                                      marmorated stinkbug; May 7, 2015 to
                                                                                                                                                       identifies each chemical substance and/
                                                                                                            October 15, 2015.
                                                    Texas                                                                                              or mixture for which test data have been
                                                                                                            Wisconsin                                  received; the uses or intended uses of
                                                    Department of Agriculture
                                                                                                            Department of Health Services              such chemical substance and/or
                                                      Denial: On April 15, 2015 EPA denied                                                             mixture; and describes the nature of the
                                                    the use of a pesticide product                            Crisis exemptions: On June 12, 2015      test data received. Each chemical
                                                    containing the active ingredient terbufos               the Wisconsin Department of Health         substance and/or mixture related to this
                                                    on cotton to control plant parasitic                    Services declared crisis exemptions for    announcement is identified in Unit I.
                                                    nematodes. This request was denied                      the use of ethylene oxide,                 under SUPPLEMENTARY INFORMATION.
                                                    because the Agency was unable to                        formaldehyde, hydrogen peroxide,           FOR FURTHER INFORMATION CONTACT: For
                                                    conclude that the proposed pesticide                    paracetic acid, and sodium hypochlorite technical information contact: Kathy
                                                    use is likely to result in ‘‘a reasonable               to inactivate Bacillus anthracis (anthrax) Calvo, Chemical Control Division
                                                    certainty of no harm’’ to human health,                 spores in laboratories that processed      (7405M), Office of Pollution Prevention
                                                    including exposure of infants and                       samples originating from Dugway            and Toxics, Environmental Protection
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    children to residues of the pesticide as                Proving Ground potentially containing      Agency, 1200 Pennsylvania Ave. NW.,
                                                    required under the Food Quality                         viable anthrax spores.                     Washington, DC 20460–0001; telephone
                                                    Protection Act (FQPA).                                  Wyoming                                    number: (202) 564–8089; email address:
                                                    Texas                                                                                              calvo.kathy@epa.gov.
                                                                                                            Department of Agriculture
                                                                                                                                                         For general information contact: The
                                                    Department of State Health Services                       Specific Exemption: EPA authorized       TSCA-Hotline, ABVI-Goodwill, 422
                                                      Crisis exemptions: On June 8, 2015                    the use of diflubenzuron on alfalfa for    South Clinton Ave., Rochester, NY
                                                    the Texas Department of State Health                    control of grasshoppers and Mormon         14620; telephone number: (202) 554–


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Document Created: 2015-12-15 08:49:11
Document Modified: 2015-12-15 08:49:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactSusan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation80 FR 60669 

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