83 FR 20070 - Dinotefuran; Receipt of Applications for Emergency Exemptions, Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 88 (May 7, 2018)

Page Range		20070-20071
FR Document		2018-09650

EPA has received specific exemption requests from the Delaware Department of Agriculture (DDA), the Maryland Department of Agriculture (MDA), the Pennsylvania Department of Agriculture (PDA) and the Virginia Department of Agriculture and Consumer Services (VDACS) to use the insecticide dinotefuran (CAS No. 165252-70-0) to treat up to 58,118 acres of pome and stone fruits to control the brown marmorated stinkbug. The applicants propose uses which are supported by the Interregional Research Project Number 4 (IR-4) and have been requested in 5 or more previous years, and petitions for tolerances have not yet been submitted to the Agency. Therefore, EPA is soliciting public comment before making the decision whether to grant the exemptions.

Federal Register, Volume 83 Issue 88 (Monday, May 7, 2018)

[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)]
[Notices]
[Pages 20070-20071]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09650]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0192; FRL-9976-55]


Dinotefuran; Receipt of Applications for Emergency Exemptions, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received specific exemption requests from the Delaware 
Department of Agriculture (DDA), the Maryland Department of Agriculture 
(MDA), the Pennsylvania Department of Agriculture (PDA) and the 
Virginia Department of Agriculture and Consumer Services (VDACS) to use 
the insecticide dinotefuran (CAS No. 165252-70-0) to treat up to 58,118 
acres of pome and stone fruits to control the brown marmorated 
stinkbug. The applicants propose uses which are supported by the 
Interregional Research Project Number 4 (IR-4) and have been requested 
in 5 or more previous years, and petitions for tolerances have not yet 
been submitted to the Agency. Therefore, EPA is soliciting public 
comment before making the decision whether to grant the exemptions.

DATES: Comments must be received on or before May 22, 2018.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2018-0192, by one of the following methods:
     Federal eRulemaking Portal: https://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 https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

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).

[[Page 20071]]

     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 https://www.epa.gov/dockets/commenting-epa-dockets.
    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(s) 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 DDA, MDA, PDA and 
VDACS have requested the EPA Administrator to issue specific exemptions 
for the use of dinotefuran on pome and stone fruits to control the 
brown marmorated stinkbug. Information in accordance with 40 CFR part 
166 was submitted as part of the requests.
    As part of the requests, the applicants assert that the rapid 
spread of large outbreaks of the brown marmorated stinkbug (a recent 
invasive species) resulted in an urgent and non-routine pest control 
situation that is expected to cause significant economic losses without 
the requested uses. The Applicants propose to make no more than two 
applications at a rate of 0.203 to 0.304 lb. (maximum of 0.608 lb.) of 
dinotefuran per acre, on up to 58,118 acres of pome and stone fruit 
grown in Delaware, Maryland, Pennsylvania and Virginia from April 1 to 
October 15, 2018. A total of 35,335 lbs. of dinotefuran could be used 
(maximum acreage at highest rate).
    This notice does not constitute a decision by EPA on the 
applications themselves. The regulations governing FIFRA section 18 at 
40 CFR 166.24(7), require publication of a notice of receipt of an 
application for a specific exemption proposing a use which is supported 
by the Interregional Research Project Number 4 (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. 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 exemptions requested by the 
DDA, MDA, PDA and VDACS.

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

    Dated: April 17, 2018.
Michael L. Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2018-09650 Filed 5-4-18; 8:45 am]
 BILLING CODE 6560-50-P

20070 Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Notices

Management Center, 299 South Main Deputy Secretary of Energy. brown marmorated stinkbug. The
Street, Suite 200, Salt Lake City, Utah. United States Department of Energy Western applicants propose uses which are
Many of these documents are also Area Power Administration supported by the Interregional Research
available on WAPA’s website at https:// Project Number 4 (IR–4) and have been
Colorado River Storage Project Management
www.wapa.gov/regions/CRSP/rates/ requested in 5 or more previous years,
Center Olmsted Powerplant Replacement
Pages/rate-order-177.aspx. Project and petitions for tolerances have not yet
been submitted to the Agency.
Ratemaking Procedure Requirements Electric Power Service, (Approved Under Therefore, EPA is soliciting public
Environmental Compliance Rate Order No. WAPA–177) comment before making the decision
In compliance with the National Effective whether to grant the exemptions.
Environmental Policy Act (NEPA) of The first day of the first, full billing period DATES: Comments must be received on
1969, 42 U.S.C. 4321–4347; the Council beginning on or after June 6, 2018, and or before May 22, 2018.
on Environmental Quality Regulations extending through May 6, 2023, or until ADDRESSES: Submit your comments,
superseded by another rate schedule,
for implementing NEPA (40 CFR parts identified by docket identification (ID)
whichever occurs earlier.
1500–1508); and DOE NEPA number EPA–HQ–OPP–2018–0192, by
Implementing Procedures and Available one of the following methods:
Guidelines (10 CFR part 1021), WAPA Within the marketing area served by the • Federal eRulemaking Portal:
adopted the EA and FONSI prepared by Colorado River Storage Project; parts of https://www.regulations.gov. Follow the
the Central Utah Water District for the Northern Utah. online instructions for submitting
Olmsted Powerplant Replacement Applicable comments. Do not submit electronically
Project. In addition, WAPA has any information you consider to be
To the sale of total plant generation to all
determined that the marketing of customers with an Olmsted allocation. Confidential Business Information (CBI)
Olmsted power and the establishment of or other information whose disclosure is
power rates for the marketing of that Character restricted by statute.
power are Federal actions that are Alternating current, 60 hertz, three-phase, • Mail: OPP Docket, Environmental
categorically excluded from the delivered and metered at the voltages and Protection Agency Docket Center (EPA/
preparation of an EA or an points established by contract. DC), (28221T), 1200 Pennsylvania Ave.
environmental impact statement. A Formula Rate NW, Washington, DC 20460–0001.
copy of the categorical exclusion Annual Revenue Requirement = Projected • Hand Delivery: To make special
determination is available on WAPA’s OM&R Costs + Projected Interest + Projected arrangements for hand delivery or
website at https://www.wapa.gov/ Principal Payments ± True-Up Adjustment. delivery of boxed information, please
regions/RM/environment/Pages/ follow the instructions at https://
Adjustments
CX2017.aspx. www.epa.gov/dockets/where-send-
True-Up Adjustment: The surplus or comments-epa-dockets.
Determination Under Executive Order deficit that occurred in the last historic year
12866 Additional instructions on
when actual costs and repayment obligations
are subtracted from actual revenues. commenting or visiting the docket,
WAPA has an exemption from along with more information about
Adjustment for Power Factor: The
centralized regulatory review under customer will be required to maintain a dockets generally, is available at https://
Executive Order 12866; accordingly, no power factor at all points of measurement www.epa.gov/dockets.
review of this Notice by the Office of between 95 percent lagging and 95 percent FOR FURTHER INFORMATION CONTACT:
Management and Budget is required. leading. Michael L. Goodis, Registration Division
Submission to the Federal Energy [FR Doc. 2018–09623 Filed 5–4–18; 8:45 am] (7505P), Office of Pesticide Programs,
Regulatory Commission BILLING CODE 6450–01–P Environmental Protection Agency, 1200
The Provisional Formula Rates herein Pennsylvania Ave. NW, Washington, DC
confirmed, approved, and placed into 20460–0001; main telephone number:
effect on an interim basis, together with ENVIRONMENTAL PROTECTION (703) 305–7090; email address:
supporting documents, will be AGENCY RDFRNotices@epa.gov.
submitted to FERC for confirmation and [EPA–HQ–OPP–2018–0192; FRL–9976–55] SUPPLEMENTARY INFORMATION:
final approval. I. General Information
Dinotefuran; Receipt of Applications
Order for Emergency Exemptions, A. Does this action apply to me?
In view of the foregoing and under the Solicitation of Public Comment You may be potentially affected by
authority delegated to me, I confirm and this action if you are an agricultural
approve on an interim basis, effective AGENCY: Environmental Protection
Agency (EPA). producer, food manufacturer, or
the first full billing period on or after pesticide manufacturer. The following
June 6, 2018, Rate Schedule F–1 for the ACTION: Notice.
list of North American Industrial
Olmsted Powerplant Replacement SUMMARY: EPA has received specific Classification System (NAICS) codes is
Project of the Western Area Power exemption requests from the Delaware not intended to be exhaustive, but rather
Administration. This rate schedule shall Department of Agriculture (DDA), the provides a guide to help readers
remain in effect on an interim basis, Maryland Department of Agriculture determine whether this document
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pending the Federal Energy Regulatory (MDA), the Pennsylvania Department of applies to them. Potentially affected
Commission’s confirmation and Agriculture (PDA) and the Virginia entities may include:
approval of it, or substitute rate, on a Department of Agriculture and • Crop production (NAICS code 111).
final basis through May 6, 2023, or until Consumer Services (VDACS) to use the • Animal production (NAICS code
superseded. insecticide dinotefuran (CAS No. 112).
Dated: April 30, 2018. 165252–70–0) to treat up to 58,118 acres • Food manufacturing (NAICS code
Dan Brouillette, of pome and stone fruits to control the 311).

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Federal Register / Vol. 83, No. 88 / Monday, May 7, 2018 / Notices 20071

• Pesticide manufacturing (NAICS As part of the requests, the applicants Protection Agency, Office of
code 32532). assert that the rapid spread of large Environmental Information, Mail Stop
outbreaks of the brown marmorated 2823T, 1200 Pennsylvania Avenue NW,
B. What should I consider as I prepare
stinkbug (a recent invasive species) Washington, DC 20460, (202) 566–1175,
my comments for EPA?
resulted in an urgent and non-routine seeh.karen@epa.gov.
1. Submitting CBI. Do not submit this pest control situation that is expected to SUPPLEMENTARY INFORMATION: On
information to EPA through cause significant economic losses October 13, 2005, the final Cross-Media
www.regulations.gov or email. Clearly without the requested uses. The Electronic Reporting Rule (CROMERR)
mark the part or all of the information Applicants propose to make no more was published in the Federal Register
that you claim to be CBI. For CBI than two applications at a rate of 0.203 (70 FR 59848) and codified as part 3 of
information in a disk or CD–ROM that to 0.304 lb. (maximum of 0.608 lb.) of title 40 of the CFR. CROMERR
you mail to EPA, mark the outside of the dinotefuran per acre, on up to 58,118 establishes electronic reporting as an
disk or CD–ROM as CBI and then acres of pome and stone fruit grown in acceptable regulatory alternative to
identify electronically within the disk or Delaware, Maryland, Pennsylvania and paper reporting and establishes
CD–ROM the specific information that Virginia from April 1 to October 15, requirements to assure that electronic
is claimed as CBI. In addition to one 2018. A total of 35,335 lbs. of documents are as legally dependable as
complete version of the comment that dinotefuran could be used (maximum their paper counterparts. Subpart D of
includes information claimed as CBI, a acreage at highest rate). CROMERR requires that state, tribal or
copy of the comment that does not This notice does not constitute a local government agencies that receive,
contain the information claimed as CBI decision by EPA on the applications or wish to begin receiving, electronic
must be submitted for inclusion in the themselves. The regulations governing reports under their EPA-authorized
public docket. Information so marked FIFRA section 18 at 40 CFR 166.24(7), programs must apply to EPA for a
will not be disclosed except in require publication of a notice of receipt revision or modification of those
accordance with procedures set forth in of an application for a specific programs and obtain EPA approval.
40 CFR part 2. exemption proposing a use which is Subpart D provides standards for such
2. Tips for preparing your comments. supported by the Interregional Research approvals based on consideration of the
When preparing and submitting your Project Number 4 (IR–4) and has been electronic document receiving systems
comments, see the commenting tips at requested in 5 or more previous years, that the state, tribe, or local government
https://www.epa.gov/dockets/ and a petition for tolerance has not yet will use to implement the electronic
commenting-epa-dockets. been submitted to the Agency. The reporting. Additionally, § 3.1000(b)
3. Environmental justice. EPA seeks to notice provides an opportunity for through (e) of 40 CFR part 3, subpart D
achieve environmental justice, the fair public comment on the application. The provides special procedures for program
treatment and meaningful involvement Agency, will review and consider all revisions and modifications to allow
of any group, including minority and/or comments received during the comment electronic reporting, to be used at the
low income populations, in the period in determining whether to issue option of the state, tribe or local
development, implementation, and the specific exemptions requested by government in place of procedures
enforcement of environmental laws, the DDA, MDA, PDA and VDACS. available under existing program-
regulations, and policies. To help Authority: 7 U.S.C. 136 et seq. specific authorization regulations. An
address potential environmental justice Dated: April 17, 2018. application submitted under the subpart
issues, the Agency seeks information on Michael L. Goodis, D procedures must show that the state,
any groups or segments of the Director, Registration Division, Office of tribe or local government has sufficient
population who, as a result of their Pesticide Programs. legal authority to implement the
location, cultural practices, or other [FR Doc. 2018–09650 Filed 5–4–18; 8:45 am]
electronic reporting components of the
factors, may have atypical or programs covered by the application
BILLING CODE 6560–50–P
disproportionately high and adverse and will use electronic document
human health impacts or environmental receiving systems that meet the
effects from exposure to the pesticide(s) ENVIRONMENTAL PROTECTION applicable subpart D requirements.
discussed in this document, compared AGENCY On March 9, 2018, the Tennessee
to the general population. Department of Environment and
[9975–98–OEI] Conservation (TDEC) submitted an
II. What action is the agency taking?
application titled ‘‘State and Local
Cross-Media Electronic Reporting:
Under section 18 of the Federal Emissions Inventory System’’ for
Authorized Program Revision
Insecticide, Fungicide, and Rodenticide revision to its EPA-approved program
Approval, State of Tennessee
Act (FIFRA) (7 U.S.C. 136p), at the under title 40 CFR to allow new
discretion of the EPA Administrator, a AGENCY: Environmental Protection electronic reporting. EPA reviewed
Federal or State agency may be Agency (EPA). TDEC’s request to revise its EPA-
exempted from any provision of FIFRA ACTION: Notice. authorized Part 52—Approval and
if the EPA Administrator determines Promulgation of Implementation Plans
that emergency conditions exist which SUMMARY: This notice announces EPA’s program and, based on this review, EPA
require the exemption. The DDA, MDA, approval of the State of Tennessee’s determined that the application met the
PDA and VDACS have requested the request to revise one of its EPA- standards for approval of authorized
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EPA Administrator to issue specific authorized air programs to allow program revision set out in 40 CFR part
exemptions for the use of dinotefuran electronic reporting. 3, subpart D. In accordance with 40 CFR
on pome and stone fruits to control the DATES: EPA approves of the State of 3.1000(d), this notice of EPA’s decision
brown marmorated stinkbug. Tennessee’s air authorized program to approve Tennessee’s request to
Information in accordance with 40 CFR revision as of May 7, 2018]. revise/modify its Part 52—Approval and
part 166 was submitted as part of the FOR FURTHER INFORMATION CONTACT: Promulgation of Implementation Plans
requests. Karen Seeh, U.S. Environmental program to allow electronic reporting

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Document Created: 2018-05-05 02:48:41
Document Modified: 2018-05-05 02:48:41

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.
Dates		Comments must be received on or before May 22, 2018.
Contact		Michael L. Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
FR Citation		83 FR 20070