82 FR 57971 - Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 235 (December 8, 2017)
Federal Register Volume 82, Issue 235 (December 8, 2017)
| Page Range | 57971-57973 | |
| FR Document | 2017-26521 |
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)] [Notices] [Pages 57971-57973] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26521] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2017-009; FRL-9971-02] 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, 2017 to September 30, 2017 to control unforeseen pest outbreaks. FOR FURTHER INFORMATION CONTACT: Michael L. 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). 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-2017-0009, is available at https://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 https://www.epa.gov/dockets. II. Background EPA has granted or denied emergency exemptions to the following State agencies. There were no emergency exemptions from any Federal agencies during the time period covered by this notice (July 1, 2017 through September 30, 2017). 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 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 citation in Title 40 of the Code of Federal Regulations (40 CFR) for the time-limited tolerance(s), if any. [[Page 57972]] III. Emergency Exemptions and Denials A. U.S. States and Territories American Samoa Department of Health Crisis exemption: On July 14, 2017 the American Samoa Department of Health declared a crisis exemption for use of deltamethrin for control of Aedes species of mosquito, vectors of the Zika virus, in outdoor residential areas. Effective July 14, 2017 to July 29, 2017. California Department of Pesticide Regulation Crisis exemption: On July 21, 2017, the California Department of Pesticide Regulation declared a crisis exemption for the use of sulfoxaflor on a maximum of 270,000 acres of cotton to control the tarnished plant bug. The use season is expected to last until October 31, 2017, and a specific request was also submitted. Specific exemptions: EPA authorized the use of bifenthrin on a maximum of 18,000 acres of pomegranates to control the leaf-footed plant bug. A time-limited tolerance in connection with this action has been established in 40 CFR 180.442(b). August 8, 2017 to December 31, 2017. EPA authorized the use of sulfoxaflor on a maximum of 270,000 acres of cotton to control the tarnished plant bug. Permanent tolerances in connection with an earlier registration action are established in 40 CFR 180.668(a). August 15, 2017 to October 31, 2017. EPA authorized the use of flonicamid on a maximum of 365 acres of prickly pear cactus fruit and nopalitos (pads) to control the cochineal scale insect. Time-limited tolerances in connection with this action will be established in 40 CFR 180.613(b). August 15, 2017 to August 15, 2018. Hawaii Department of Agriculture Specific exemption: EPA authorized the use of tolfenpyrad on a maximum of 500 acres of watermelon to control melon thrips. A time- limited tolerance in connection with this action has been established in 40 CFR 180.675(b). Effective August 28, 2017 to August 28, 2018. Idaho State Department of Agriculture Specific exemption: EPA authorized the use of pyridate on a maximum of 9,500 acres of mint for postemergence control of herbicide-resistant annual weeds such as redroot pigweed, Armaranthus retroflexus and other broadleaf weeds. Tolerances in connection with an earlier registration action are established in 40 CFR 180.462(a). July 13, 2017 to August 31, 2017. Indiana Office of the Indiana State Chemist Specific exemption: EPA authorized the use of pyridate on a maximum of 11,200 acres of mint for postemergence control of herbicide- resistant annual weeds such as redroot pigweed, Armaranthus retroflexus and other broadleaf weeds. Tolerances in connection with an earlier registration action are established in 40 CFR 180.462(a). July 13, 2017 to August 31, 2017. Kentucky Department of Agriculture Specific exemption: EPA authorized the use of sulfoxaflor on a maximum of 13,000 acres of sorghum (grain and forage) to control sugarcane aphid. Time-limited tolerances in connection with this action have been established in 40 CFR 180.668(b). July 28, 2017 to November 30, 2017. Michigan Department of Agriculture Specific exemption: EPA authorized the use of pyridate on a maximum of 11,250 acres of mint for postemergence control of herbicide- resistant annual weeds such as redroot pigweed, Armaranthus retroflexus and other broadleaf weeds. Tolerances in connection with an earlier registration action are established in 40 CFR 180.462(a). July 13, 2017 to August 31, 2017. EPA denied a specific exemption request for the use of chlorothalonil in sugar beets for control of Cercospora leaf spot. The request was denied because EPA is unable to make a ``reasonable certainty of no harm'' determination at this time, which is required to allow additional uses of chlorothalonil. July 24, 2017. Minnesota Department of Agriculture EPA denied a specific exemption request for the use of chlorothalonil in sugar beets for control of Cercospora leaf spot. The request was denied because EPA is unable to make a ``reasonable certainty of no harm'' determination at this time, which is required to allow additional uses of chlorothalonil. July 24, 2017. New Jersey Department of Agriculture Specific exemptions: EPA authorized the use of bifenthrin on a maximum of 8,200 acres of apples, peach, and nectarines, to control the brown marmorated stink bug. Time-limited tolerances in connection with this action have been established in 40 CFR 180.442(b). Effective September 8, 2017 to October 15, 2017. North Dakota Department of Agriculture EPA denied a specific exemption request for the use of chlorothalonil in sugar beets for control of Cercospora leaf spot. The request was denied because EPA is unable to make a ``reasonable certainty of no harm'' determination at this time, which is required to allow additional uses of chlorothalonil. July 24, 2017. Oregon Department of Agriculture Specific exemption: EPA authorized the use of pyridate on a maximum of 5,200 acres of mint for postemergence control of herbicide-resistant annual weeds such as redroot pigweed, Armaranthus retroflexus and other broadleaf weeds. Tolerances in connection with an earlier registration action are established in 40 CFR 180.462(a). July 13, 2017 to August 31, 2017. Washington Department of Agriculture Crisis exemption: On the July 14, 2017 the Washington Department of Agriculture declared a crisis exemption for use of lambda-cyhalothrin on asparagus to control the European asparagus aphid. The use season was expected to last until October 31, 2017, and a specific exemption request was also submitted. Specific exemptions: EPA authorized the use of sulfoxaflor on a maximum of 15,000 acres of alfalfa grown for seed to control lygus bugs. July 7, 2017 to August 31, 2017. EPA authorized the use of pyridate on a maximum of 16,000 acres of mint for postemergence control of herbicide-resistant annual weeds such as redroot pigweed, Armaranthus retroflexus and other broadleaf weeds. Tolerances in connection with an earlier registration action are established in 40 CFR 180.462(a). July 13, 2017 to August 31, 2017. EPA authorized the use of lambda cyhalothrin on a maximum of 7,000 acres of asparagus to control the [[Page 57973]] European asparagus aphid, effective August 2, 2017 to October 31, 2017. As required by 40 CFR 166.24, because an emergency exemption for this use has been requested for more than 5 years and an application for registration has not yet been received by EPA, a Notice of Receipt with opportunity for public comment published in the Federal Register, on July 10, 2017 (82 FR 31777) (FRL-9963-16) with public comment period closing on July 25, 2017. Wisconsin Department of Agriculture Specific exemption: EPA authorized the use of pyridate on a maximum of 3,100 acres of mint for postemergence control of herbicide-resistant annual weeds such as redroot pigweed, Armaranthus retroflexus and other broadleaf weeds. Tolerances in connection with an earlier registration action are established in 40 CFR 180.462(a). July 13, 2017 to August 31, 2017. Wyoming Department of Agriculture Specific exemption: EPA authorized the use of indaziflam on a maximum of 300,000 acres of rangeland, pastures, and Conservation Reserve Program to control medusahead and ventenata. Time-limited tolerances in connection with this action will be established in 40 CFR 180.653(b). September 14, 2017 to September 14, 2018. Authority: 7 U.S.C. 136 et seq. Dated: November 27, 2017. Michael L. Goodis, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2017-26521 Filed 12-7-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices 57971
IV. Statements of Administrator SUMMARY: EPA has granted or denied II. Background
Findings Under TSCA Section 5(a)(3)(C) emergency exemptions under the
Federal Insecticide, Fungicide, and EPA has granted or denied emergency
In this unit, EPA provides the exemptions to the following State
following information (to the extent that Rodenticide Act (FIFRA) for use of
pesticides as listed in this notice. The agencies. There were no emergency
such information is not claimed as exemptions from any Federal agencies
Confidential Business Information exemptions or denials were granted
during the period July 1, 2017 to during the time period covered by this
(CBI)) on the PMNs, MCANs and
September 30, 2017 to control notice (July 1, 2017 through September
SNUNs for which, during this period,
EPA has made findings under TSCA unforeseen pest outbreaks. 30, 2017).
section 5(a)(3)(C) that the new chemical FOR FURTHER INFORMATION CONTACT: The emergency exemptions may take
substances or significant new uses are Michael L. Goodis, Registration Division the following form: Crisis, public health,
not likely to present an unreasonable (7505P), Office of Pesticide Programs, quarantine, or specific. EPA has also
risk of injury to health or the Environmental Protection Agency, 1200 listed denied emergency exemption
environment: Pennsylvania Ave. NW., Washington, requests in this notice.
• EPA case number assigned to the DC 20460–0001; main telephone
Under FIFRA section 18 (7 U.S.C.
TSCA section 5(a) notice. number: (703) 305–7090; email address:
136p), EPA can authorize the use of a
• Chemical identity (generic name, if RDFRNotices@epa.gov.
pesticide when emergency conditions
the specific name is claimed as CBI). SUPPLEMENTARY INFORMATION: exist. Authorizations (commonly called
• Web site link to EPA’s decision
I. General Information emergency exemptions) are granted to
document describing the basis of the
‘‘not likely to present an unreasonable State and Federal agencies and are of
A. Does this action apply to me?
risk’’ finding made by EPA under TSCA four types:
section 5(a)(3)(C). You may be potentially affected by 1. A ‘‘specific exemption’’ authorizes
EPA Case Number: P–17–0190; this action if you are an agricultural use of a pesticide against specific pests
Chemical identity: Butanoic acid, producer, food manufacturer, or on a limited acreage in a particular
3-oxo-, 2-[(2-methyl-1-oxo-2-propen-1- pesticide manufacturer. The following
State. Most emergency exemptions are
yl)oxy]ethyl ester, polymer with list of North American Industrial
specific exemptions.
cycloalkyl 2-methyl-2-propenoate, Classification System (NAICS) codes is
not intended to be exhaustive, but rather 2. ‘‘Quarantine’’ and ‘‘public health’’
ethenylbenzene, 2-ethylhexyl 2- exemptions are emergency exemptions
propenoate, methyl 2-methyl-2- provides a guide to help readers
determine whether this document issued for quarantine or public health
propenoate and 2-methylpropyl 2-
applies to them. Potentially affected purposes. These are rarely requested.
methyl-2- propenoate (generic name);
Web site link: https://www.epa.gov/ entities may include: 3. A ‘‘crisis exemption’’ is initiated by
reviewing-new-chemicals-under-toxic- • Crop production (NAICS code 111). a State or Federal agency (and is
substances-control-act-tsca/tsca-section- • Animal production (NAICS code confirmed by EPA) when there is
5a3c-determination-76. 112). insufficient time to request and obtain
EPA Case Number: P–16–0508; • Food manufacturing (NAICS code EPA permission for use of a pesticide in
Chemical identity: Terephthalic acid 311). an emergency.
and alcohol ester polymer hydroxy • Pesticide manufacturing (NAICS
code 32532). EPA may deny an emergency
glycol and 2-Ethylhexyl alcohol; exemption: If the State or Federal
polymer exemption flag (generic name); If you have any questions regarding
the applicability of this action to a agency cannot demonstrate that an
Web site link: https://www.epa.gov/
particular entity, consult the person emergency exists, if the use poses
reviewing-new-chemicals-under-toxic-
listed at the end of the emergency unacceptable risks to the environment,
substances-control-act-tsca/tsca-section-
5a3c-determination-74. exemption or denial. or if EPA cannot reach a conclusion that
the proposed pesticide use is likely to
Authority: 15 U.S.C. 2601 et seq. B. How can I get copies of this document result in ‘‘a reasonable certainty of no
Dated: November 20, 2017. and other related information? harm’’ to human health, including
Greg Schweer, The docket for this action, identified exposure of residues of the pesticide to
Chief, New Chemicals Management Branch, by docket identification (ID) number infants and children.
Chemical Control Division, Office of Pollution EPA–HQ–OPP–2017–0009, is available If the emergency use of the pesticide
Prevention and Toxics. at https://www.regulations.gov or at the on a food or feed commodity would
[FR Doc. 2017–26520 Filed 12–7–17; 8:45 am] Office of Pesticide Programs Regulatory result in pesticide chemical residues,
BILLING CODE 6560–50–P Public Docket (OPP Docket) in the EPA establishes a time-limited tolerance
Environmental Protection Agency meeting the ‘‘reasonable certainty of no
Docket Center (EPA/DC), West William harm standard’’ of the Federal Food,
ENVIRONMENTAL PROTECTION Jefferson Clinton Bldg., Rm. 3334, 1301
AGENCY Drug, and Cosmetic Act (FFDCA).
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room In this document: EPA identifies the
[EPA–HQ–OPP–2017–009; FRL–9971–02] is open from 8:30 a.m. to 4:30 p.m., agency granted the exemption or denial,
Monday through Friday, excluding legal the type of exemption, the pesticide
sradovich on DSK3GMQ082PROD with NOTICES
Pesticide Emergency Exemptions; holidays. The telephone number for the authorized and the pests, the crop or use
Agency Decisions and State and Public Reading Room is (202) 566–1744, for which authorized, number of acres
Federal Agency Crisis Declarations and the telephone number for the OPP (if applicable), and the duration of the
AGENCY: Environmental Protection Docket is (703) 305–5805. Please review exemption. EPA also gives the citation
Agency (EPA). the visitor instructions and additional in Title 40 of the Code of Federal
information about the docket available Regulations (40 CFR) for the time-
ACTION: Notice.
at https://www.epa.gov/dockets. limited tolerance(s), if any.
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![Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices 57973
European asparagus aphid, effective Management and Budget (OMB) for burden of the proposed collection of
August 2, 2017 to October 31, 2017. As review and approval in accordance with information, including the validity of
required by 40 CFR 166.24, because an the Paperwork Reduction Act (PRA), 44 the methodology and assumptions used;
emergency exemption for this use has U.S.C. 3501 et seq. Before doing so, EPA (iii) enhance the quality, utility, and
been requested for more than 5 years is soliciting public comments on clarity of the information to be
and an application for registration has specific aspects of the proposed collected; and (iv) minimize the burden
not yet been received by EPA, a Notice information collection as described of the collection of information on those
of Receipt with opportunity for public below. This is a request for approval of who are to respond, including through
comment published in the Federal a new collection. An Agency may not the use of appropriate automated
Register, on July 10, 2017 (82 FR 31777) conduct or sponsor and a person is not electronic, mechanical, or other
(FRL–9963–16) with public comment required to respond to a collection of technological collection techniques or
period closing on July 25, 2017. information unless it displays a other forms of information technology,
currently valid OMB control number. e.g., permitting electronic submission of
Wisconsin
DATES: Comments must be submitted on responses. EPA will consider the
Department of Agriculture or before February 6, 2018. comments received and amend the ICR
Specific exemption: EPA authorized ADDRESSES: Submit your comments, as appropriate. The final ICR package
the use of pyridate on a maximum of referencing Docket ID No. EPA–HQ– will then be submitted to OMB for
3,100 acres of mint for postemergence OAR–2017–0599, online using review and approval. At that time, EPA
control of herbicide-resistant annual www.regulations.gov (our preferred will issue another Federal Register
weeds such as redroot pigweed, method), by email to a-and-r-docket@ notice to announce the submission of
Armaranthus retroflexus and other epa.gov, or by mail to: EPA Docket the ICR to OMB and the opportunity to
broadleaf weeds. Tolerances in Center, Environmental Protection submit additional comments to OMB.
connection with an earlier registration Agency, Mail Code 28221T, 1200 This ICR package is a new
action are established in 40 CFR Pennsylvania Ave. NW., Washington, information collection that is intended
180.462(a). July 13, 2017 to August 31, DC 20460. to streamline and update estimates
2017. EPA’s policy is that all comments related to RFS. This new collection
received will be included in the public includes elements of some existing RFS
Wyoming ICRs. The goal of this new, consolidated
docket without change including any
Department of Agriculture personal information provided, unless ICR is to put all RFS estimates into one,
the comment includes profanity, threats, consistent, and easy-to-understand
Specific exemption: EPA authorized format. We hope that this single RFS
the use of indaziflam on a maximum of information claimed to be Confidential
Business Information (CBI) or other ICR package will assist interested
300,000 acres of rangeland, pastures, parties in better understanding all of the
and Conservation Reserve Program to information for which disclosure is
restricted by statute. information collection activities
control medusahead and ventenata. associated with RFS.
Time-limited tolerances in connection FOR FURTHER INFORMATION CONTACT:
with this action will be established in Anne-Marie Pastorkovich, Attorney/ What is the RFS program?
40 CFR 180.653(b). September 14, 2017 Advisor, Office of Air and Radiation/ The RFS program was created under
to September 14, 2018. Office of Transportation and Air the Energy Policy Act of 2005 (EPAct),
Authority: 7 U.S.C. 136 et seq. Quality, Environmental Protection which amended the Clean Air Act
Agency, 1200 Pennsylvania Ave. NW., (CAA). The Energy Independence and
Dated: November 27, 2017. (6405A), Washington, DC 20460; Security Act of 2007 (EISA) further
Michael L. Goodis, telephone number: 202–343–9623; fax amended the CAA by expanding the
Director, Registration Division, Office of number: 202–343–2800; email address: RFS program. EPA implements RFS in
Pesticide Programs. pastorkovich.anne-marie@epa.gov. consultation with U.S. Department of
[FR Doc. 2017–26521 Filed 12–7–17; 8:45 am] SUPPLEMENTARY INFORMATION: Agriculture and the Department of
BILLING CODE 6560–50–P Supporting documents which explain in Energy. The RFS program is a national
detail the information that the EPA will policy that requires a certain volume of
be collecting are available in the public renewable fuel to replace or reduce the
ENVIRONMENTAL PROTECTION docket for this ICR. The docket can be quantity of petroleum-based
AGENCY viewed online at www.regulations.gov transportation fuel, heating oil or jet
[EPA–HQ–OAR–2017–0599; FRL–9971–44– or in person at the EPA Docket Center, fuel.
OAR] WJC West, Room 3334, 1301 Obligated parties under the RFS
Constitution Ave. NW., Washington, program are refiners or importers of
Proposed Information Collection DC. The telephone number for the gasoline or diesel fuel. Obligated
Request; Comment Request; Docket Center is 202–566–1744. For parties, and exporters of renewable fuel,
Recordkeeping and Reporting for the additional information about EPA’s must meet an annual Renewable
Renewable Fuel Standard Program public docket, visit http://www.epa.gov/ Volume Obligation (RVO). Parties meet
AGENCY: Environmental Protection dockets. their RVO by blending renewable fuels
Agency (EPA). Pursuant to section 3506(c)(2)(A) of into transportation fuel, or by obtaining
ACTION: Notice. the PRA, EPA is soliciting comments credits (called ‘‘Renewable
and information to enable it to: (i) Identification Numbers’’, or RINs). EPA
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY: The Environmental Protection Evaluate whether the proposed calculates and establishes RVOs every
Agency is planning to submit an collection of information is necessary year through rulemaking, based on the
information collection request (ICR), for the proper performance of the CAA volume requirements and
‘‘Recordkeeping and Reporting for the functions of the Agency, including projections of gasoline and diesel
Renewable Fuel Standard (RFS) whether the information will have production for the coming year. The
Program,’’ EPA ICR No. 2546.01, OMB practical utility; (ii) evaluate the standards are converted into a
Control No. 2060–NEW) to the Office of accuracy of the Agency’s estimate of the percentage and obligated parties must
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Document Created: 2017-12-08 01:43:55
Document Modified: 2017-12-08 01:43:55
| 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 | Michael L. Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460- | |
| FR Citation | 82 FR 57971 |
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