81_FR_55354 81 FR 55194 - Lambda-Cyhalothrin; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

81 FR 55194 - Lambda-Cyhalothrin; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 160 (August 18, 2016)

Page Range55194-55195
FR Document2016-19781

EPA has received a specific exemption request from the Washington State Department of Agriculture to use the pesticide lambda- cyhalothrin (CAS No. 91465-08-6) on asparagus to control the European asparagus aphid. The applicant proposes a use which is supported by the Interregional Research program (IR-4) and has been requested in 5 or more previous years, and a petition for tolerance has not yet been submitted to the Agency. EPA is soliciting public comment before making the decision whether or not to grant the exemption.

Federal Register, Volume 81 Issue 160 (Thursday, August 18, 2016)
[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55194-55195]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19781]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0422; FRL-9949-85]


Lambda-Cyhalothrin; Receipt of Application for Emergency 
Exemption, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received a specific exemption request from the 
Washington State Department of Agriculture to use the pesticide lambda-
cyhalothrin (CAS

[[Page 55195]]

No. 91465-08-6) on asparagus to control the European asparagus aphid. 
The applicant proposes a use which is supported by the Interregional 
Research program (IR-4) and has been requested in 5 or more previous 
years, and a petition for tolerance has not yet been submitted to the 
Agency. EPA is soliciting public comment before making the decision 
whether or not to grant the exemption.

DATES: Comments must be received on or before September 2, 2016.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2016-0422, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael Goodis, 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:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the pesticide 
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    Under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA 
Administrator, a federal or state agency may be exempted from any 
provision of FIFRA if the EPA Administrator determines that emergency 
conditions exist which require the exemption. The Washington State 
Department of Agriculture has requested the EPA Administrator to issue 
a specific exemption for the use of lambda-cyhalothrin on asparagus to 
control the European asparagus aphid. Information in accordance with 40 
CFR part 166 was submitted as part of this request.
    The applicant's submission which provides an explanation of the 
need for the exemption as well as the proposed use pattern can be found 
at http://www.regulations.gov in their section 18 emergency exemption 
request for use of lambda-cyhalothrin on asparagus to control the 
European asparagus aphid.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing FIFRA section 18 require 
publication of a notice of receipt of an application for a specific 
exemption proposing a use which is supported by the IR-4 program and 
has been requested in 5 or more previous years, and a petition for 
tolerance has not yet been submitted to the Agency.
    The notice provides an opportunity for public comment on the 
application. The Agency will review and consider all comments received 
during the comment period in determining whether to issue the specific 
exemption requested by the Washington State Department of Agriculture.

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

    Dated: August 10, 2016.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-19781 Filed 8-17-16; 8:45 am]
 BILLING CODE 6560-50-P



                                               55194                       Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices

                                                 Dated: August 10, 2016.                               of Ecosystem Protection, 5 Post Office                discharges must submit a NOI within 90
                                               Michael Goodis, Acting,                                 Square, Suite 100, Boston,                            days of the effective date of the final
                                               Director, Registration Division, Office of              Massachusetts 02109–3912. A                           general permit. Operators with new
                                               Pesticide Programs.                                     reasonable fee may be charged for                     discharges must submit a NOI at least 30
                                               [FR Doc. 2016–19758 Filed 8–17–16; 8:45 am]             copying requests. The fact sheet for the              days prior to initiating discharges and
                                               BILLING CODE 6560–50–P                                  draft RGP sets forth principal facts and              following the effective date of the final
                                                                                                       the significant factual, legal,                       general permit. The effective date of the
                                                                                                       methodological and policy questions                   final general permit will be specified in
                                               ENVIRONMENTAL PROTECTION                                considered in the development of the                  the Federal Register publication of the
                                               AGENCY                                                  draft general permit and is available                 Notice of Availability of the final
                                                                                                       upon request. A brief summary is                      permit. Operators must meet the
                                               [FRL–9950–79–Region 1]
                                                                                                       provided as supplementary information                 eligibility requirements of the general
                                               Notice of Availability of Draft NPDES                   below.                                                permit prior to submission of a NOI. An
                                               General Permits for Remediation                         FOR FURTHER INFORMATION CONTACT:                      operator will be authorized to discharge
                                               Activity Discharges in Massachusetts                    Additional information concerning the                 under the general permit upon receipt of
                                               and New Hampshire: The Remediation                      draft general permits may be obtained                 written notice from EPA following
                                               General Permit                                          between the hours of 9 a.m. and 5 p.m.                EPA’s web posting of the submitted
                                                                                                       Monday through Friday, excluding                      NOI. EPA will authorize the discharge,
                                               AGENCY: Environmental Protection                        holidays, from Shauna Little, U.S. EPA                request additional information, or
                                               Agency (EPA).                                           Region 1, 5 Post Office Square, Suite                 require the operator to apply for an
                                               ACTION: Notice of Availability of DRAFT                 100, Mail Code OEP06–4, Boston, MA                    alternative permit or an individual
                                               NPDES General Permits MAG910000                         02109–3912.; telephone: 617–918–1989;                 permit.
                                               and NHG910000.                                          email: little.shauna@epa.gov.                            Other Legal Requirements:
                                                                                                       SUPPLEMENTARY INFORMATION:                            Endangered Species Act (ESA): EPA has
                                               SUMMARY:   The Director of the Office of                                                                      updated the provisions and necessary
                                                                                                          General Information: EPA is
                                               Ecosystem Protection, U.S.                                                                                    actions and documentation related to
                                                                                                       proposing to reissue two general permits
                                               Environmental Protection Agency—                                                                              potential impacts to endangered species
                                                                                                       for discharges from sites engaged in
                                               Region 1 (EPA), is providing a notice of                                                                      from facilities seeking coverage under
                                                                                                       remediation activities from eight general
                                               availability of draft National Pollutant                                                                      the RGP. EPA has requested
                                                                                                       categories: (1) Petroleum-related site
                                               Discharge Elimination System (NPDES)                                                                          concurrence from the appropriate
                                                                                                       remediation; (2) Non-petroleum-related
                                               general permits for discharges from sites                                                                     federal services (U.S. Fish and Wildlife
                                                                                                       site remediation; (3) Contaminated/
                                               engaged in certain remediation activities                                                                     Service and National Marine Fisheries
                                                                                                       formerly contaminated site dewatering;
                                               to certain waters of the Commonwealth                                                                         Service) in connection with this draft
                                                                                                       (4) Pipeline and tank dewatering; (5)
                                               of Massachusetts and the State of New                                                                         general permit.
                                                                                                       Aquifer pump testing; (6) Well
                                               Hampshire. The draft NPDES general                                                                               National Historic Preservation Act
                                                                                                       development/rehabilitation; (7)
                                               permits establish Notice of Intent (NOI),                                                                     (NHPA): In accordance with NHPA,
                                                                                                       Dewatering/remediation of collection
                                               Notice of Change (NOC), and Notice of                                                                         EPA has established provisions and
                                                                                                       structures; and (8) Dredge-related
                                               Termination (NOT) requirements,                                                                               documentation requirements for sites
                                                                                                       dewatering. While the draft general
                                               effluent limitations and requirements,                                                                        seeking coverage under the RGP to
                                                                                                       permits are two distinct permits, for
                                               standard and special conditions and                                                                           ensure that discharges or actions taken
                                                                                                       convenience, EPA has grouped them
                                               best management practice (BMP)                                                                                under this general permit will not
                                                                                                       together in a single document and has
                                               requirements for sites that discharge 1.0                                                                     adversely affect historic properties and
                                                                                                       provided a single fact sheet. This
                                               million gallons per day or less in                                                                            places.
                                                                                                       document refers to the draft general
                                               Massachusetts and New Hampshire.
                                                                                                       ‘‘permit’’ in the singular. The draft                   Authority: This action is being taken under
                                               These general permits replace the                                                                             the Clean Water Act, 33 U.S.C. 1251 et seq.
                                                                                                       general permit, appendices and fact
                                               Remediation General Permit (RGP) that
                                                                                                       sheet are available at: http://                         Dated: August 9, 2016.
                                               expired on September 9, 2015.
                                                                                                       www.epa.gov/region1/npdes/rgp.html.                   H. Curtis Spalding,
                                               DATES: Comment on the draft general                     The draft general permit includes
                                               permits must be received on or before                                                                         Regional Administrator.
                                                                                                       effluent limitations and requirements                 [FR Doc. 2016–19541 Filed 8–17–16; 8:45 am]
                                               September 19, 2016.                                     based on technology-based
                                                  Public Hearing Information: EPA will                                                                       BILLING CODE 6560–50–P
                                                                                                       considerations, best professional
                                               hold a public hearing, if necessary, in                 judgment (BPJ), and water quality
                                               accordance with 40 CFR 124.12 and will                  considerations. The effluent limits
                                               provide interested parties with the                                                                           ENVIRONMENTAL PROTECTION
                                                                                                       established in the draft general permit               AGENCY
                                               opportunity to provide written and/or                   assure that the surface water quality
                                               oral comments for the official                          standards of the receiving water(s) are               [EPA–HQ–OPP–2016–0422; FRL–9949–85]
                                               administrative record.                                  attained and/or maintained. The permit
                                               ADDRESSES: Comments on the draft RGP                    also contains BMP requirements in                     Lambda-Cyhalothrin; Receipt of
                                               shall be submitted by one of the                        order to ensure EPA has the information               Application for Emergency Exemption,
                                               following methods: (1) Email:                           necessary to ensure compliance and to                 Solicitation of Public Comment
                                               little.shauna@epa.gov; or (2) Mail: U.S.                ensure discharges meet water quality                  AGENCY: Environmental Protection
rmajette on DSK2TPTVN1PROD with NOTICES




                                               EPA Region 1, Attn: Shauna Little, 5                    standards.                                            Agency (EPA).
                                               Post Office Square, Suite 100, Mail Code                   Obtaining Authorization: In order to               ACTION: Notice.
                                               OEP06–4, Boston, MA 02109–3912. No                      obtain authorization to discharge,
                                               facsimiles (faxes) will be accepted.                    operators must submit a complete and                  SUMMARY:   EPA has received a specific
                                                  The draft RGP is based on an                         accurate NOI containing the information               exemption request from the Washington
                                               administrative record available for                     in Appendix IV—Part 1 of the draft                    State Department of Agriculture to use
                                               public review at EPA–Region 1, Office                   general permit. Operators with existing               the pesticide lambda-cyhalothrin (CAS


                                          VerDate Sep<11>2014   15:05 Aug 17, 2016   Jkt 238001   PO 00000   Frm 00025   Fmt 4703   Sfmt 4703   E:\FR\FM\18AUN1.SGM   18AUN1


                                                                           Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices                                                 55195

                                               No. 91465–08–6) on asparagus to                           • Pesticide manufacturing (NAICS                       The applicant’s submission which
                                               control the European asparagus aphid.                   code 32532).                                          provides an explanation of the need for
                                               The applicant proposes a use which is                                                                         the exemption as well as the proposed
                                                                                                       B. What should I consider as I prepare
                                               supported by the Interregional Research                                                                       use pattern can be found at http://
                                                                                                       my comments for EPA?
                                               program (IR–4) and has been requested                                                                         www.regulations.gov in their section 18
                                               in 5 or more previous years, and a                         1. Submitting CBI. Do not submit this              emergency exemption request for use of
                                               petition for tolerance has not yet been                 information to EPA through                            lambda-cyhalothrin on asparagus to
                                               submitted to the Agency. EPA is                         www.regulations.gov or email. Clearly                 control the European asparagus aphid.
                                               soliciting public comment before                        mark the part or all of the information                  This notice does not constitute a
                                               making the decision whether or not to                   that you claim to be CBI. For CBI                     decision by EPA on the application
                                               grant the exemption.                                    information in a disk or CD–ROM that                  itself. The regulations governing FIFRA
                                               DATES: Comments must be received on                     you mail to EPA, mark the outside of the              section 18 require publication of a
                                               or before September 2, 2016.                            disk or CD–ROM as CBI and then                        notice of receipt of an application for a
                                               ADDRESSES: Submit your comments,
                                                                                                       identify electronically within the disk or            specific exemption proposing a use
                                               identified by docket identification (ID)                CD–ROM the specific information that                  which is supported by the IR–4 program
                                               number EPA–HQ–OPP–2016–0422, by                         is claimed as CBI. In addition to one                 and has been requested in 5 or more
                                               one of the following methods:                           complete version of the comment that                  previous years, and a petition for
                                                 • Federal eRulemaking Portal: http://                 includes information claimed as CBI, a                tolerance has not yet been submitted to
                                               www.regulations.gov. Follow the online                  copy of the comment that does not                     the Agency.
                                               instructions for submitting comments.                   contain the information claimed as CBI                   The notice provides an opportunity
                                               Do not submit electronically any                        must be submitted for inclusion in the                for public comment on the application.
                                               information you consider to be                          public docket. Information so marked                  The Agency will review and consider all
                                               Confidential Business Information (CBI)                 will not be disclosed except in                       comments received during the comment
                                               or other information whose disclosure is                accordance with procedures set forth in               period in determining whether to issue
                                               restricted by statute.                                  40 CFR part 2.                                        the specific exemption requested by the
                                                 • Mail: OPP Docket, Environmental                        2. Tips for preparing your comments.               Washington State Department of
                                               Protection Agency Docket Center (EPA/                   When preparing and submitting your                    Agriculture.
                                               DC), (28221T), 1200 Pennsylvania Ave.                   comments, see the commenting tips at                    Authority: 7 U.S.C. 136 et seq.
                                               NW., Washington, DC 20460–0001.                         http://www.epa.gov/dockets/
                                                                                                                                                               Dated: August 10, 2016.
                                                 • Hand Delivery: To make special                      comments.html.
                                                                                                                                                             Michael Goodis,
                                               arrangements for hand delivery or                          3. Environmental justice. EPA seeks to
                                                                                                       achieve environmental justice, the fair               Director, Registration Division, Office of
                                               delivery of boxed information, please                                                                         Pesticide Programs.
                                               follow the instructions at http://                      treatment and meaningful involvement
                                                                                                                                                             [FR Doc. 2016–19781 Filed 8–17–16; 8:45 am]
                                               www.epa.gov/dockets/contacts.html.                      of any group, including minority and/or
                                                                                                       low income populations, in the                        BILLING CODE 6560–50–P
                                                 Additional instructions on
                                               commenting or visiting the docket,                      development, implementation, and
                                               along with more information about                       enforcement of environmental laws,
                                                                                                                                                             ENVIRONMENTAL PROTECTION
                                               dockets generally, is available at http://              regulations, and policies. To help
                                                                                                                                                             AGENCY
                                               www.epa.gov/dockets.                                    address potential environmental justice
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       issues, the Agency seeks information on               [EPA–HQ–OPP–2015–0022; FRL–9949–74]
                                               Michael Goodis, Registration Division                   any groups or segments of the
                                                                                                       population who, as a result of their                  Pesticide Product Registrations;
                                               (7505P), Office of Pesticide Programs,
                                                                                                       location, cultural practices, or other                Receipt of Applications for New Uses
                                               Environmental Protection Agency, 1200
                                               Pennsylvania Ave. NW., Washington,                      factors, may have atypical or
                                                                                                                                                             AGENCY: Environmental Protection
                                               DC 20460–0001; main telephone                           disproportionately high and adverse
                                                                                                                                                             Agency (EPA).
                                               number: (703) 305–7090; email address:                  human health impacts or environmental
                                                                                                       effects from exposure to the pesticide                ACTION: Notice.
                                               RDFRNotices@epa.gov.
                                                                                                       discussed in this document, compared                  SUMMARY:    EPA has received applications
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       to the general population.                            to register new uses for pesticide
                                               I. General Information                                  II. What action is the Agency taking?                 products containing currently registered
                                               A. Does this action apply to me?                                                                              active ingredients. Pursuant to the
                                                                                                          Under section 18 of the Federal                    Federal Insecticide, Fungicide, and
                                                  You may be potentially affected by                   Insecticide, Fungicide, and Rodenticide               Rodenticide Act (FIFRA), EPA is hereby
                                               this action if you are an agricultural                  Act (FIFRA) (7 U.S.C. 136p), at the                   providing notice of receipt and
                                               producer, food manufacturer, or                         discretion of the EPA Administrator, a                opportunity to comment on these
                                               pesticide manufacturer. The following                   federal or state agency may be exempted               applications.
                                               list of North American Industrial                       from any provision of FIFRA if the EPA
                                               Classification System (NAICS) codes is                  Administrator determines that                         DATES:  Comments must be received on
                                               not intended to be exhaustive, but rather               emergency conditions exist which                      or before September 19, 2016.
                                               provides a guide to help readers                        require the exemption. The Washington                 ADDRESSES: Submit your comments,
                                               determine whether this document                         State Department of Agriculture has                   identified by the docket identification
rmajette on DSK2TPTVN1PROD with NOTICES




                                               applies to them. Potentially affected                   requested the EPA Administrator to                    (ID) number and the File Symbol or
                                               entities may include:                                   issue a specific exemption for the use of             Registration Number of interest as
                                                  • Crop production (NAICS code 111).                  lambda-cyhalothrin on asparagus to                    shown in the body of this document by
                                                  • Animal production (NAICS code                      control the European asparagus aphid.                 one of the following methods:
                                               112).                                                   Information in accordance with 40 CFR                   • Federal eRulemaking Portal: http://
                                                  • Food manufacturing (NAICS code                     part 166 was submitted as part of this                www.regulations.gov. Follow the online
                                               311).                                                   request.                                              instructions for submitting comments.


                                          VerDate Sep<11>2014   15:05 Aug 17, 2016   Jkt 238001   PO 00000   Frm 00026   Fmt 4703   Sfmt 4703   E:\FR\FM\18AUN1.SGM   18AUN1



Document Created: 2016-08-17 23:46:18
Document Modified: 2016-08-17 23:46:18
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.
DatesComments must be received on or before September 2, 2016.
ContactMichael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation81 FR 55194 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR