80 FR 76481 - Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 236 (December 9, 2015)
Federal Register Volume 80, Issue 236 (December 9, 2015)
| Page Range | 76481-76482 | |
| FR Document | 2015-31055 |
[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)] [Notices] [Pages 76481-76482] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31055] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2015-0301; FRL-9939-34] 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 granted during the period July 1, 2015 to September 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: [email protected]. 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:[emsp14]Crop production (NAICS code 111). [emsp14]Animal production (NAICS code 112). [emsp14]Food manufacturing (NAICS code 311). [emsp14]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. 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 residues of the pesticide to infants and children. 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 granted the exemption or denial, the type of exemption, the pesticide authorized and the pests, the crop or use for which authorized, number of acres (if applicable), 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 California Department of Environmental Protection Crisis exemption: On August 27, 2015 the California Department of Environmental Protection declared a crisis for the use of methoxyfenozide on rice to control armyworms. Delaware Department of Agriculture Specific Exemption: EPA authorized the use of dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; July 16, 2015 to October 15, 2015. Florida Department of Agriculture and Consumer Services Specific Exemption: EPA authorized the use of streptomycin sulfate on [[Page 76482]] grapefruit to control citrus canker; July 1, 2015 to July 1, 2016. Kentucky Department of Agriculture Specific Exemption: EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; August 10, 2015 to November 30, 2015. Maryland Department of Agriculture Specific Exemption: EPA authorized the use of dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; July 16, 2015 to October 15, 2015. Department of Health and Mental Hygiene Crisis exemptions: On July 7, 2015 the Maryland Department of Health and Mental Hygiene 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. Michigan Department of Agriculture and Rural Development Specific Exemption: EPA authorized the use of dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; July 16, 2015 to November 30, 2015. Mississippi Department of Agriculture and Commerce Denial: On July 27, 2015 EPA denied the use of a pesticide product containing the active ingredient thiamethoxam on sorghum to control sugarcane aphid. This request was denied because the Agency determined the situation did not meet criteria to be considered an urgent and non- routine situation, and a specific exemption under section 18 was not justified. New Jersey Department of Environmental Protection Specific Exemptions: EPA authorized the use of dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; September 15, 2015 to October 15, 2015. EPA authorized the use of bifenthrin on apple, peach and nectarine to control the brown marmorated stinkbug; September 21, 2015 to October 15, 2015. New Mexico Department of Agriculture Specific Exemption: EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; August 28, 2015 to November 30, 2015. New York Department of Environmental Conservation Specific Exemption: EPA authorized the use of bifenthrin on apple, peach and nectarine to control the brown marmorated stinkbug; July 30, 2015 to October 15, 2015. North Carolina Department of Agriculture and Consumer Services Specific Exemptions: EPA authorized the use of dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; July 16, 2015 to October 15, 2015. EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; July 16, 2015 to November 30, 2015. Pennsylvania Department of Agriculture Specific Exemption: EPA authorized the use of dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; July 16, 2015 to October 15, 2015. South Dakota Department of Agriculture Specific Exemption: EPA authorized the use of hop beta acids on beehives to control the varroa mite; August 19, 2015 to December 31, 2015. Tennessee Health Department Crisis exemption: On July 29, 2015 the Tennessee Health Department declared a crisis for the use of hydrogen peroxide 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 dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; July 16, 2015 to October 15, 2015. West Virginia Department of Agriculture Specific Exemption: EPA authorized the use of dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; July 16, 2015 to October 15, 2015. B. Federal Departments and Agencies Department of Agriculture Animal and Plant Health Inspection Service Quarantine Exemptions: EPA authorized the use of sodium chlorite to produce chlorine dioxide gas for decontamination of poultry facilities from avian influenza virus; August 4, 2015 to August 4, 2018. EPA authorized the use of sodium hypochlorite on surfaces to decontaminate from foot and mouth disease, African swine flu and classical swine flu; September 17, 2015 to September 17, 2018. EPA authorized the uses of sodium hypochlorite and sodium hydroxide to decontaminate surfaces potentially exposed to prions, the causal agents of transmissible spongiform encephalitic diseases in livestock; September 25, 2015 to September 25, 2018. Authority: 7 U.S.C. 136 et seq. Dated: December 2, 2015. Susan Lewis, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2015-31055 Filed 12-8-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices 76481
basis as noted above. EPA also notes number: (703) 305–7090; email address: 1. A ‘‘specific exemption’’ authorizes
that entities with wholly past violations RDFRNotices@epa.gov. use of a pesticide against specific pests
and no outstanding noncompliance SUPPLEMENTARY INFORMATION: on a limited acreage in a particular
likely face little, if any, risk of citizen State. Most emergency exemptions are
suit exposure. Accordingly, regardless I. General Information specific exemptions.
whether the disclosed violations are A. Does this action apply to me? 2. ‘‘Quarantine’’ and ‘‘public health’’
resolved, EPA is optimistic that exemptions are emergency exemptions
You may be potentially affected by
responsible disclosing entities will not issued for quarantine or public health
this action if you are an agricultural
be dissuaded from disclosing violations. purposes. These are rarely requested.
producer, food manufacturer, or
3. A ‘‘crisis exemption’’ is initiated by
IV. Applicability pesticide manufacturer. The following
a State or Federal agency (and is
list of North American Industrial
The Audit Policy, Small Business confirmed by EPA) when there is
Classification System (NAICS) codes is
Compliance Policy, and New Owner insufficient time to request and obtain
not intended to be exhaustive, but rather
Policy are policies that guide the EPA permission for use of a pesticide in
provides a guide to help readers
Agency in the exercise of its an emergency.
determine whether this document EPA may deny an emergency
enforcement discretion. They are not applies to them. Potentially affected
rules or regulations, and they are not exemption: If the State or Federal
entities may include:
intended, nor can they be relied upon, agency cannot demonstrate that an
• Crop production (NAICS code 111).
to create any rights enforceable by any • Animal production (NAICS code emergency exists, if the use poses
party in litigation with the United 112). unacceptable risks to the environment,
States. The policies and how they are • Food manufacturing (NAICS code or if EPA cannot reach a conclusion that
implemented may be revised without 311). the proposed pesticide use is likely to
public notice to reflect changes in EPA’s • Pesticide manufacturing (NAICS result in ‘‘a reasonable certainty of no
approach to providing incentives for code 32532). harm’’ to human health, including
self-policing by regulated entities, or to If you have any questions regarding exposure of residues of the pesticide to
clarify and update the policies as the applicability of this action to a infants and children.
necessary. particular entity, consult the person If the emergency use of the pesticide
listed at the end of the emergency on a food or feed commodity would
IV. Effective Date exemption or denial. result in pesticide chemical residues,
These modifications to the EPA establishes a time-limited tolerance
B. How can I get copies of this document meeting the ‘‘reasonable certainty of no
implementation of EPA’s Audit Policy
and other related information? harm standard’’ of the Federal Food,
and Small Business Compliance Policy
are effective on December 9, 2015. The docket for this action, identified Drug, and Cosmetic Act (FFDCA).
by docket identification (ID) number In this document: EPA identifies the
Dated: November 30, 2015.
EPA–HQ–OPP–2015–0301 is available State or Federal agency granted the
Cynthia Giles, at http://www.regulations.gov or at the exemption or denial, the type of
Assistant Administrator for Enforcement and Office of Pesticide Programs Regulatory exemption, the pesticide authorized and
Compliance Assurance. Public Docket (OPP Docket) in the the pests, the crop or use for which
[FR Doc. 2015–30928 Filed 12–8–15; 8:45 am] Environmental Protection Agency authorized, number of acres (if
BILLING CODE 6560–50–P Docket Center (EPA/DC), West William applicable), and the duration of the
Jefferson Clinton Bldg., Rm. 3334, 1301 exemption. EPA also gives the Federal
Constitution Ave. NW., Washington, DC Register citation for the time-limited
ENVIRONMENTAL PROTECTION 20460–0001. The Public Reading Room tolerance, if any.
AGENCY is open from 8:30 a.m. to 4:30 p.m.,
[EPA–HQ–OPP–2015–0301; FRL–9939–34] Monday through Friday, excluding legal III. Emergency Exemptions and Denials
holidays. The telephone number for the A. U.S. States and Territories
Pesticide Emergency Exemptions; Public Reading Room is (202) 566–1744,
Agency Decisions and State and and the telephone number for the OPP California
Federal Agency Crisis Declarations Docket is (703) 305–5805. Please review Department of Environmental Protection
the visitor instructions and additional Crisis exemption: On August 27, 2015
AGENCY: Environmental Protection information about the docket available
Agency (EPA). the California Department of
at http://www.epa.gov/dockets. Environmental Protection declared a
ACTION: Notice.
II. Background crisis for the use of methoxyfenozide on
SUMMARY: EPA has granted or denied rice to control armyworms.
EPA has granted or denied emergency
emergency exemptions under the exemptions to the following State and Delaware
Federal Insecticide, Fungicide, and Federal agencies. The emergency
Rodenticide Act (FIFRA) for use of Department of Agriculture
exemptions may take the following
pesticides as listed in this notice. The form: Crisis, public health, quarantine, Specific Exemption: EPA authorized
exemptions or denials were granted or specific. EPA has also listed denied the use of dinotefuran on pome fruit and
during the period July 1, 2015 to emergency exemption requests in this stone fruit to control the brown
September 30, 2015 to control marmorated stinkbug; July 16, 2015 to
mstockstill on DSK4VPTVN1PROD with NOTICES
notice.
unforeseen pest outbreaks. Under FIFRA section 18 (7 U.S.C. October 15, 2015.
FOR FURTHER INFORMATION CONTACT: 136p), EPA can authorize the use of a Florida
Susan Lewis, Registration Division pesticide when emergency conditions
(7505P), Office of Pesticide Programs, exist. Authorizations (commonly called Department of Agriculture and
Environmental Protection Agency, 1200 emergency exemptions) are granted to Consumer Services
Pennsylvania Ave. NW., Washington, State and Federal agencies and are of Specific Exemption: EPA authorized
DC 20460–0001; main telephone four types: the use of streptomycin sulfate on
VerDate Sep<11>2014 18:21 Dec 08, 2015 Jkt 238001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\09DEN1.SGM 09DEN1](https://thefederalregister.org/doc/80_FR_76717/page/1.svg)
![76482 Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices
grapefruit to control citrus canker; July New Mexico West Virginia
1, 2015 to July 1, 2016. Department of Agriculture
Department of Agriculture
Kentucky Specific Exemption: EPA authorized
Specific Exemption: EPA authorized
Department of Agriculture the use of dinotefuran on pome fruit and
the use of sulfoxaflor on sorghum to
stone fruit to control the brown
Specific Exemption: EPA authorized control sugarcane aphid; August 28,
marmorated stinkbug; July 16, 2015 to
the use of sulfoxaflor on sorghum to 2015 to November 30, 2015.
October 15, 2015.
control sugarcane aphid; August 10,
New York B. Federal Departments and Agencies
2015 to November 30, 2015.
Department of Environmental Department of Agriculture
Maryland
Conservation
Department of Agriculture Animal and Plant Health Inspection
Specific Exemption: EPA authorized Service
Specific Exemption: EPA authorized the use of bifenthrin on apple, peach
the use of dinotefuran on pome fruit and Quarantine Exemptions: EPA
and nectarine to control the brown authorized the use of sodium chlorite to
stone fruit to control the brown marmorated stinkbug; July 30, 2015 to
marmorated stinkbug; July 16, 2015 to produce chlorine dioxide gas for
October 15, 2015. decontamination of poultry facilities
October 15, 2015.
North Carolina from avian influenza virus; August 4,
Department of Health and Mental 2015 to August 4, 2018.
Hygiene Department of Agriculture and EPA authorized the use of sodium
Crisis exemptions: On July 7, 2015 the Consumer Services hypochlorite on surfaces to
Maryland Department of Health and decontaminate from foot and mouth
Specific Exemptions: EPA authorized
Mental Hygiene declared crisis disease, African swine flu and classical
the use of dinotefuran on pome fruit and
exemptions for the use of ethylene swine flu; September 17, 2015 to
stone fruit to control the brown
oxide, formaldehyde, hydrogen September 17, 2018.
marmorated stinkbug; July 16, 2015 to EPA authorized the uses of sodium
peroxide, paracetic acid, and sodium October 15, 2015.
hypochlorite to inactivate Bacillus hypochlorite and sodium hydroxide to
anthracis (anthrax) spores in EPA authorized the use of sulfoxaflor decontaminate surfaces potentially
laboratories that processed samples on sorghum to control sugarcane aphid; exposed to prions, the causal agents of
originating from Dugway Proving July 16, 2015 to November 30, 2015. transmissible spongiform encephalitic
Ground potentially containing viable diseases in livestock; September 25,
Pennsylvania
anthrax spores. 2015 to September 25, 2018.
Department of Agriculture Authority: 7 U.S.C. 136 et seq.
Michigan
Specific Exemption: EPA authorized Dated: December 2, 2015.
Department of Agriculture and Rural
the use of dinotefuran on pome fruit and Susan Lewis,
Development
stone fruit to control the brown Director, Registration Division, Office of
Specific Exemption: EPA authorized marmorated stinkbug; July 16, 2015 to Pesticide Programs.
the use of dinotefuran on pome fruit and October 15, 2015. [FR Doc. 2015–31055 Filed 12–8–15; 8:45 am]
stone fruit to control the brown BILLING CODE 6560–50–P
marmorated stinkbug; July 16, 2015 to South Dakota
November 30, 2015. Department of Agriculture
Mississippi ENVIRONMENTAL PROTECTION
Specific Exemption: EPA authorized AGENCY
Department of Agriculture and the use of hop beta acids on beehives to
Commerce control the varroa mite; August 19, 2015 [EPA–HQ–RCRA–2015–0732, FRL–9939–97–
OSWER]
Denial: On July 27, 2015 EPA denied to December 31, 2015.
the use of a pesticide product Tennessee Agency Information Collection
containing the active ingredient Activities; Proposed Collection;
thiamethoxam on sorghum to control Health Department Comment Request; Identification of
sugarcane aphid. This request was Non-Hazardous Secondary Materials
Crisis exemption: On July 29, 2015 the
denied because the Agency determined That Are Solid Waste (Renewal)
Tennessee Health Department declared
the situation did not meet criteria to be
a crisis for the use of hydrogen peroxide AGENCY: Environmental Protection
considered an urgent and non-routine
to inactivate Bacillus anthracis (anthrax) Agency (EPA).
situation, and a specific exemption
spores in laboratories that processed ACTION: Notice.
under section 18 was not justified.
samples originating from Dugway
New Jersey Proving Ground potentially containing SUMMARY: The Environmental Protection
viable anthrax spores. Agency (EPA) is planning to submit an
Department of Environmental Protection information collection request (ICR),
Specific Exemptions: EPA authorized Virginia Identification of Non-Hazardous
mstockstill on DSK4VPTVN1PROD with NOTICES
the use of dinotefuran on pome fruit and Department of Agriculture and Secondary Materials That Are Solid
stone fruit to control the brown Consumer Services Waste (Renewal) (EPA ICR No. 2382.04,
marmorated stinkbug; September 15, OMB Control No. 2050–0205) to the
2015 to October 15, 2015. Specific Exemption: EPA authorized Office of Management and Budget
EPA authorized the use of bifenthrin the use of dinotefuran on pome fruit and (OMB) for review and approval in
on apple, peach and nectarine to control stone fruit to control the brown accordance with the Paperwork
the brown marmorated stinkbug; marmorated stinkbug; July 16, 2015 to Reduction Act (44 U.S.C. 3501 et seq.).
September 21, 2015 to October 15, 2015. October 15, 2015. Before doing so, EPA is soliciting public
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Document Created: 2015-12-14 13:32:30
Document Modified: 2015-12-14 13:32:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone | |
| FR Citation | 80 FR 76481 |
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