83_FR_30568 83 FR 30443 - Lambda-Cyhalothrin; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

83 FR 30443 - Lambda-Cyhalothrin; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 125 (June 28, 2018)

Page Range30443-30444
FR Document2018-13946

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) to treat up to 7,000 acres of asparagus to control the European asparagus aphid. The applicant proposes a use which is supported by the Interregional Research Project Number 4 (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. EPA is soliciting public comment before making the decision whether or not to grant the exemption.

Federal Register, Volume 83 Issue 125 (Thursday, June 28, 2018) 
[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Notices]
[Pages 30443-30444]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13946]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0400; FRL-9979-46]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: 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) to treat up to 7,000 acres of 
asparagus to control the European asparagus aphid. The applicant 
proposes a use which is supported by the Interregional Research Project 
Number 4 (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. EPA is soliciting public comment before making the decision 
whether or not to grant the exemption.

DATES: Comments must be received on or before July 13, 2018.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2018-0400, 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: 
RDFRNotices@epa.gov.

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.

[[Page 30444]]

    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 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.
    As part of this request, the applicant asserts that the 
cancellation of the previously relied-upon tool, disulfoton, has left 
asparagus growers in the state of Washington with no adequate 
alternatives to control the European asparagus aphid, and significant 
economic losses will occur without sufficient control. The Applicant 
proposes to make no more than 3 applications at a maximum rate of 0.03 
pounds (lb.) (total of 0.09 lb.) per acre of lambda-cyhalothrin on up 
to 7,000 acres of asparagus grown in the state of Washington from June 
15 to October 30, 2018. Treatment of the maximum acreage at the maximum 
rate would result in a total use of lambda-cyhalothrin of 630 lbs.
    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 Interregional 
Research Project Number 4 (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. Therefore, in accordance with the requirement 
at 40 CFR 166.24(a)(7), EPA is soliciting public comment before making 
the decision whether or not to grant the exemption. 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: June 15, 2018.
Michael L. Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2018-13946 Filed 6-27-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Notices 30443 via the Federal Register on March 16, who have incurred expenses, above and • Mail: OPP Docket, Environmental 2018 during a 60-day comment period. beyond their budgets, for hazardous Protection Agency Docket Center (EPA/ This notice allows for an additional 30 substance response. DC), (28221T), 1200 Pennsylvania Ave. days for public comments. A fuller Form numbers: 9310–1. NW, Washington, DC 20460–0001. description of the ICR is given below, Respondents/affected entities: Local • Hand Delivery: To make special including its estimated burden and cost Governments that apply for arrangements for hand delivery or to the public. An agency may not reimbursement under this program. delivery of boxed information, please conduct or sponsor and a person is not Respondent’s obligation to respond: follow the instructions at https:// required to respond to a collection of Required to obtain or retain a benefit www.epa.gov/dockets/where-send- information unless it displays a (CERCLA Section 123). comments-epa-dockets. currently valid OMB control number. Estimated number of respondents: 30 Additional instructions on DATES: Additional comments may be (per year). commenting or visiting the docket, Frequency of response: On occasion. along with more information about submitted on or before July 30, 2018. Total estimated burden: 270 hours ADDRESSES: Submit your comments, dockets generally, is available at https:// (per year). Burden is defined at 5 CFR referencing Docket ID Number EPA– www.epa.gov/dockets. 1320.03(b). HQ–SFUND–2018–0081 to (1) EPA Total estimated cost: $4,995 (per FOR FURTHER INFORMATION CONTACT: online using www.regulations.gov (our year), which includes $0 annualized Michael L. Goodis, Registration Division preferred method) or by mail to: EPA capital or operation & maintenance (7505P), Office of Pesticide Programs, Docket Center, Environmental costs. Environmental Protection Agency, 1200 Protection Agency, Mail Code 28221T, Changes in the estimates: None. Pennsylvania Ave. NW, Washington, DC 1200 Pennsylvania Ave. NW, 20460–0001; main telephone number: Washington, DC 20460, and (2) OMB via Courtney Kerwin, (703) 305–7090; email address: email to oira_submission@omb.eop.gov. Director, Regulatory Support Division. RDFRNotices@epa.gov. Address comments to OMB Desk Officer [FR Doc. 2018–13924 Filed 6–27–18; 8:45 am] SUPPLEMENTARY INFORMATION: for EPA. BILLING CODE 6560–50–P EPA’s policy is that all comments I. General Information received will be included in the public A. Does this action apply to me? docket without change including any ENVIRONMENTAL PROTECTION AGENCY You may be potentially affected by personal information provided, unless this action if you are an agricultural the comment includes profanity, threats, [EPA–HQ–OPP–2018–0400; FRL–9979–46] producer, food manufacturer, or information claimed to be Confidential Lambda-Cyhalothrin; Receipt of pesticide manufacturer. The following Business Information (CBI) or other Application for Emergency Exemption, list of North American Industrial information whose disclosure is Solicitation of Public Comment Classification System (NAICS) codes is restricted by statute. not intended to be exhaustive, but rather FOR FURTHER INFORMATION CONTACT: Lisa AGENCY: Environmental Protection provides a guide to help readers Boynton, Office of Land and Emergency Agency (EPA). determine whether this document Management, Office of Emergency applies to them. Potentially affected ACTION: Notice. Management, (5104A) Environmental entities may include: Protection Agency, 1200 Pennsylvania SUMMARY: EPA has received a specific • Crop production (NAICS code 111). Ave. NW, Washington, DC 20460; exemption request from the Washington • Animal production (NAICS code telephone number: 202–564–2487; fax State Department of Agriculture to use 112). number: 202–564–8729; email address: the pesticide lambda-cyhalothrin (CAS • Food manufacturing (NAICS code Boynton.Lisa@epa.gov. No. 91465–08–6) to treat up to 7,000 311). SUPPLEMENTARY INFORMATION: acres of asparagus to control the • Pesticide manufacturing (NAICS Supporting documents, which explain European asparagus aphid. The code 32532). in detail the information that the EPA applicant proposes a use which is will be collecting, are available in the supported by the Interregional Research B. What should I consider as I prepare public docket for this ICR. The docket Project Number 4 (IR–4) program and my comments for EPA? can be viewed online at has been requested in 5 or more 1. Submitting CBI. Do not submit this www.regulations.gov or in person at the previous years, and a petition for information to EPA through EPA Docket Center, WJC West, Room tolerance has not yet been submitted to www.regulations.gov or email. Clearly 3334, 1301 Constitution Ave. NW, the Agency. EPA is soliciting public mark the part or all of the information Washington, DC. The telephone number comment before making the decision that you claim to be CBI. For CBI for the Docket Center is 202–566–1744. whether or not to grant the exemption. information in a disk or CD–ROM that For additional information about EPA’s DATES: Comments must be received on you mail to EPA, mark the outside of the public docket, visit http://www.epa.gov/ or before July 13, 2018. disk or CD–ROM as CBI and then dockets. ADDRESSES: Submit your comments, identify electronically within the disk or Abstract: The Agency requires identified by docket identification (ID) CD–ROM the specific information that applicants for reimbursement under this number EPA–HQ–OPP–2018–0400, by is claimed as CBI. In addition to one program authorized under Section 123 one of the following methods: complete version of the comment that of CERCLA to submit an application • Federal eRulemaking Portal: includes information claimed as CBI, a amozie on DSK3GDR082PROD with NOTICES1 that demonstrates consistency with https://www.regulations.gov. Follow the copy of the comment that does not program eligibility requirements. This is online instructions for submitting contain the information claimed as CBI necessary to ensure proper use of the comments. Do not submit electronically must be submitted for inclusion in the Superfund. EPA reviews the any information you consider to be public docket. Information so marked information to ensure compliance with Confidential Business Information (CBI) will not be disclosed except in all statutory and program requirements. or other information whose disclosure is accordance with procedures set forth in The applicants are local governments restricted by statute. 40 CFR part 2. VerDate Sep<11>2014 17:08 Jun 27, 2018 Jkt 244001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM 28JNN1

30444 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Notices 2. Tips for preparing your comments. Research Project Number 4 (IR–4) ADDRESSES: Submit your comments, When preparing and submitting your program and has been requested in 5 or referencing Docket ID Number EPA– comments, see the commenting tips at more previous years, and a petition for HQ–OECA–2013–0348, to: (1) EPA https://www.epa.gov/dockets/ tolerance has not yet been submitted to online using www.regulations.gov (our commenting-epa-dockets. the Agency. Therefore, in accordance preferred method), or by email to 3. Environmental justice. EPA seeks to with the requirement at 40 CFR docket.oeca@epa.gov, or by mail to: EPA achieve environmental justice, the fair 166.24(a)(7), EPA is soliciting public Docket Center, Environmental treatment and meaningful involvement comment before making the decision Protection Agency, Mail Code 28221T, of any group, including minority and/or whether or not to grant the exemption. 1200 Pennsylvania Ave. NW, low-income populations, in the The notice provides an opportunity for Washington, DC 20460; and (2) OMB via development, implementation, and public comment on the application. email to oira_submission@omb.eop.gov. enforcement of environmental laws, The Agency will review and consider Address comments to OMB Desk Officer regulations, and policies. To help all comments received during the for EPA. address potential environmental justice comment period in determining EPA’s policy is that all comments issues, the Agency seeks information on whether to issue the specific exemption received will be included in the public any groups or segments of the requested by the Washington State docket without change including any population who, as a result of their Department of Agriculture. personal information provided, unless location, cultural practices, or other the comment includes profanity, threats, Authority: 7 U.S.C. 136 et seq. factors, may have atypical or information claimed to be Confidential disproportionately high and adverse Dated: June 15, 2018. Business Information (CBI), or other human health impacts or environmental Michael L. Goodis, information whose disclosure is effects from exposure to the pesticide(s) Director, Registration Division, Office of restricted by statute. discussed in this document, compared Pesticide Programs. FOR FURTHER INFORMATION CONTACT: to the general population. [FR Doc. 2018–13946 Filed 6–27–18; 8:45 am] Patrick Yellin, Monitoring, Assistance, II. What action is the Agency taking? BILLING CODE 6560–50–P and Media Programs Division, Office of Under section 18 of the Federal Compliance, Mail Code 2227A, Insecticide, Fungicide, and Rodenticide Environmental Protection Agency, 1200 ENVIRONMENTAL PROTECTION Pennsylvania Ave. NW, Washington, DC Act (FIFRA) (7 U.S.C. 136p), at the AGENCY discretion of the EPA Administrator, a 20460; telephone number: (202) 564– Federal or State agency may be 2970; fax number: (202) 564–0050; [EPA–HQ–OECA–2013–0348; FRL–9979– email address: yellin.patrick@epa.gov. exempted from any provision of FIFRA 77–OEI] if the EPA Administrator determines SUPPLEMENTARY INFORMATION: that emergency conditions exist which Information Collection Request Supporting documents, which explain require the exemption. The Washington Submitted to OMB for Review and in detail the information that the EPA State Department of Agriculture has Approval; Comment Request; NESHAP will be collecting, are available in the requested the EPA Administrator to for Primary Aluminum Reduction public docket for this ICR. The docket issue a specific exemption for the use of Plants (Renewal) can be viewed online at lambda-cyhalothrin on asparagus to www.regulations.gov, or in person at the control the European asparagus aphid. AGENCY: Environmental Protection EPA Docket Center, WJC West, Room Information in accordance with 40 CFR Agency (EPA). 3334, 1301 Constitution Ave. NW, part 166 was submitted as part of this ACTION: Notice. Washington, DC. The telephone number request. for the Docket Center is 202–566–1744. As part of this request, the applicant SUMMARY: The Environmental Protection For additional information about EPA’s asserts that the cancellation of the Agency has submitted an information public docket, visit: http:// previously relied-upon tool, disulfoton, collection request (ICR)—NESHAP for www.epa.gov/dockets. has left asparagus growers in the state of Primary Aluminum Reduction Plants Abstract: The National Emission Washington with no adequate (Renewal), EPA ICR No. 1767.08, OMB Standards for Hazardous Air Pollutants alternatives to control the European Control No. 2060–0360—to the Office of (NESHAP) for Primary Aluminum asparagus aphid, and significant Management and Budget (OMB) for Reduction Plants (40 CFR part 63, economic losses will occur without review and approval in accordance with subpart LL) were proposed on sufficient control. The Applicant the Paperwork Reduction Act. This is a September 26, 1996, promulgated on proposes to make no more than 3 proposed extension of the ICR, which is October 7, 1997, and most-recently applications at a maximum rate of 0.03 currently approved through June 30, amended on October 15, 2015. The 2015 pounds (lb.) (total of 0.09 lb.) per acre 2018. Public comments were previously amendment includes: (1) Polycyclic of lambda-cyhalothrin on up to 7,000 requested via the Federal Register on organic matter (POM) emission limits acres of asparagus grown in the state of June 29, 2017, during a 60-day comment for new, existing and reconstructed Washington from June 15 to October 30, period. This notice allows for an prebake potlines; (2) revised POM limits 2018. Treatment of the maximum additional 30 days for public comments. for new, existing and reconstructed acreage at the maximum rate would A fuller description of the ICR is given Soderberg potlines; (3) carbonyl sulfide result in a total use of lambda- below, including its estimated burden (COS) emission limits for new, existing cyhalothrin of 630 lbs. and cost to the public. An Agency may and reconstructed potlines; (4) POM amozie on DSK3GDR082PROD with NOTICES1 This notice does not constitute a neither conduct nor sponsor, and a emission limits for existing pitch storage decision by EPA on the application person is not required to respond to a tanks; (5) particulate matter (PM) itself. The regulations governing FIFRA collection of information, unless it emission limits for new, existing and section 18 require publication of a displays a currently valid OMB control reconstructed potlines, paste production notice of receipt of an application for a number. plants and anode bake furnaces; (6) specific exemption proposing a use DATES: Additional comments may be mercury (Hg) limits for new, existing which is supported by the Interregional submitted on or before July 30, 2018. and reconstructed anode bake furnaces; VerDate Sep<11>2014 17:08 Jun 27, 2018 Jkt 244001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM 28JNN1


Document Created: 2018-11-06 09:55:45
Document Modified: 2018-11-06 09:55:45
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 July 13, 2018.
ContactMichael L. Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
FR Citation83 FR 30443 
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