83 FR 24988 - Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 105 (May 31, 2018)

EPA has granted emergency exemptions, and State agencies have declared crisis exemptions, under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for the use of pesticides as listed in this notice. The exemptions were granted or declared during the period of October 1, 2017 to March 31, 2018 to control emergency pest outbreaks.

[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 24988-24990]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11751]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0010; FRL-9977-76]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has granted emergency exemptions, and State agencies have 
declared crisis exemptions, under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA) for the use of pesticides as listed in this 
notice. The exemptions were granted or declared during the period of 
October 1, 2017 to March 31, 2018 to control emergency pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Director 
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.

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-2018-0010, 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 emergency exemptions to the following State and 
Federal agencies. The emergency exemptions may take the following form: 
Crisis, public health, quarantine, or specific.
    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

[[Page 24989]]

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, the type of exemption, the pesticide authorized 
and the target pests, the crop or use for which the pesticide was 
authorized, number of acres that could potentially be treated under the 
authorization (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

A. U.S. States and Territories

Alabama
Department of Agriculture and Industries
    Specific exemptions: EPA authorized the use of the insecticide 
sulfoxaflor on a maximum of 45,000 acres of sorghum (grain and forage) 
to control sugarcane aphid. A time-limited tolerance in connection with 
this action has been established in 40 CFR 180.668(b); Effective April 
1, 2018 to October 31, 2018.
    EPA authorized the use of sulfoxaflor on a maximum of 75,000 acres 
of cotton to control tarnished plant bugs. Tolerances in connection 
with a previous action have been established in 40 CFR 180.668(a); 
Effective June 1, 2018 to October 31, 2018.
Arkansas
State Plant Board
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 50,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b); March 16, 2018 to 
September 15, 2018.
    EPA authorized the use of sulfoxaflor on a maximum of 420,000 acres 
of cotton to control tarnished plant bugs. Tolerances in connection 
with a previous action have been established in 40 CFR 180.668(a); 
Effective June 1, 2018 to October 31, 2018.
    EPA authorized the use of the insecticide flupyradifurone on a 
maximum of 200 acres of sweet sorghum (forage and syrup) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.679(b); Effective June 1, 
2018 to November 15, 2018.
California
Department of Pesticide Regulation
    Quarantine exemptions: EPA authorized the uses of the antibiotics 
streptomycin and oxytetracycline on a maximum of 23,000 acres of citrus 
to manage Huanglongbing (HLB), also called citrus greening disease, 
caused by the bacterium Candidatus Liberibacter Asiaticus. Time-limited 
tolerances in connection with these actions have been established at 40 
CFR 180.337(b) (oxytetracycline) and 180.245(b) (streptomycin). 
Effective February 23, 2018 to February 23, 2019.
Colorado
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 500,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b); Effective March 14, 
2018 to November 30, 2018.
Florida
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the use of the insecticide 
clothianidin on a maximum of 125,376 acres of immature (3 to 5 years 
old) citrus trees to manage the transmission of Huanglongbing (HLB) 
disease vectored by the Asian citrus psyllid. A time-limited tolerance 
in connection with this action was established in 40 CFR 180.668(b); 
Effective January 1, 2018 to October 31, 2018.
    EPA authorized the use of streptomycin and oxytetracycline on a 
maximum of 330,254 acres of citrus to manage HLB or citrus greening 
disease caused by the bacteria, Candidatus Liberibacter Asiaticus. 
Time-limited tolerances in connection with these actions have been 
established at 40 CFR 180.337(b) (oxytetracycline) and 180.245(b) 
(streptomycin). Effective January 17, 2018 to December 31, 2018.
    EPA authorized the use of the insecticide tolfenpyrad on a maximum 
of 51,600 acres of fruiting vegetables to control various thrips. A 
time-limited tolerance in connection with this action has been 
established in 40 CFR 180.675(b); Effective March 1, 2018 to March 1, 
2019.
Georgia
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 50,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b); Effective May 1, 2018 
to December 1, 2018.
Idaho
Department of Agriculture
    Specific exemption: EPA authorized the use of the herbicide 
pyridate on a maximum of 9,500 acres of mint for postemergence control 
of herbicide-resistant annual weeds such as redroot pigweed, Amaranthus 
retroflexus and other broadleaf weeds. Tolerances in connection with an 
earlier registration action are established in 40 CFR 180.462(a). June 
20, 2018 to August 10, 2018.
Kansas
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 2,850,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b); Effective March 14, 
2018 to November 30, 2018.
Louisiana
Department of Agriculture
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 180,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b); Effective April 1, 
2018 to October 31, 2018.
Mississippi
Department of Agriculture and Commerce
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 115,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b); Effective May 1, 2018 
to October 31, 2018.
    EPA authorized the use of sulfoxaflor on a maximum of 750,000 acres 
of cotton to control tarnished plant bugs. Tolerances in connection 
with a previous action have been established in 40 CFR 180.668(a); 
Effective June 1, 2018 to October 31, 2018.

[[Page 24990]]

Missouri
Department of Agriculture
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 85,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b); Effective March 30, 
2018 to November 30, 2018.
    EPA authorized the use of sulfoxaflor on a maximum of 241,500 acres 
of cotton to control tarnished plant bugs. Tolerances in connection 
with a previous action have been established in 40 CFR 180.668(a); 
Effective June 1, 2018 to October 31, 2018.
New Jersey
Department of Environmental Protection
    Specific exemption: EPA authorized the use of dinotefuran on a 
maximum of 8,100 acres of pome and stone fruit to control the brown 
marmorated stink bug. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.603(b). Effective October 16, 
2017 to October 31, 2017.
North Carolina
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the use of the fungicide 
thiabendazole for postharvest use on 95,000 acres of sweet potatoes to 
control black rot disease. A time-limited tolerance in connection with 
this action has been established in 40 CFR 180.680(b); Effective March 
12, 2018 to March 12, 2019.
    EPA authorized the use of sulfoxaflor on a maximum of 50,000 acres 
of sorghum (grain and forage) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established 
in 40 CFR 180.668(b); Effective March 14, 2018 to November 30, 2018.
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). Effective June 20, 2018 to 
August 10, 2018.
Pennsylvania
Department of Agriculture
    Specific exemption: EPA authorized the use of the insecticide 
etofenprox for use in mushroom cultivation on up to 16 million square 
feet (equivalent to 2,000 mushroom houses) to control Sciarid and 
Phorid fly species. Tolerances in connection with a previous action 
have been established in 40 CFR 180.620(a), to cover any residues as a 
result of this emergency exemption use; Effective December 20, 2017 to 
December 20, 2018.
Puerto Rico
Department of Health
    Crisis exemption: On October 8, 2017 the Puerto Rico Department of 
Health declared a crisis exemption for use of sodium 
dichloroisocyanurate for treatment by the general public of drinking 
water to control microbes. The use season is expected to last year-
round and a public health exemption request was also submitted, 
allowing the use to continue until EPA's decision on the request.
    Public health exemption: EPA authorized the use of sodium 
dichloroisocyanurate for treatment by the general public of drinking 
water to control microbes. Effective January 2, 2018 to January 2, 
2019.
Tennessee
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 285,000 acres of cotton to control tarnished plant bugs. 
Tolerances in connection with a previous action have been established 
in 40 CFR 180.668(a); Effective June 1, 2018 to September 30, 2018.
    EPA authorized the use of flupyradifurone on a maximum of 750 acres 
of sweet sorghum (forage and syrup) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established 
in 40 CFR 180.679(b). Effective June 1, 2018 to November 15, 2018.
Texas
Department of Agriculture
    Specific exemptions: EPA authorized the use of tolfenpyrad on a 
maximum of 10,000 acres of dry bulb onions to control thrips (Thrips 
tabaci). A time-limited tolerance in connection with this action has 
been established in 40 CFR 180.675(b). Effective January 11, 2018 to 
July 10, 2018.
    EPA authorized the use of sulfoxaflor on a maximum of 5,500,000 
acres of cotton to control tarnished plant bugs. Tolerances in 
connection with a previous action have been established in 40 CFR 
180.668(a). Effective March 1, 2018 to October 31, 2018.
    EPA authorized the use of sulfoxaflor on a maximum of 3,000,000 
acres of sorghum (grain and forage) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established 
in 40 CFR 180.668(b); Effective April 1, 2018 to November 30, 2018.
Washington
Department of Agriculture
    Specific exemption: 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, Amaranthus retroflexus 
and other broadleaf weeds. Tolerances in connection with an earlier 
registration action are established in 40 CFR 180.462(a). Effective May 
21, 2018 to August 31, 2018.
Wyoming
Department of Agriculture
    Specific exemption: EPA authorized the use of the herbicide 
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). Effective September 14, 2017 to September 14, 
2018.

B. Federal Departments and Agencies

    EPA did not authorize any emergency exemptions to any Federal 
agencies during the time period of October 1, 2017 to March 31, 2018.

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

    Dated: May 21, 2018.
Michael L. Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2018-11751 Filed 5-30-18; 8:45 am]
 BILLING CODE 6560-50-P