Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations
[Federal Register: February 24, 2003 (Volume 68, Number 36)]
[Notices]
[Page 8597-8599]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe03-38]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-2003-0033; FRL-7290-7]
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 October 1, 2002 to December 31, 2002 to
control unforseen pest outbreaks.
FOR FURTHER INFORMATION CONTACT: See each emergency exemption or denial
for the name of a contact person. The following information applies to
all contact persons: Team Leader, Emergency Response Team, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9366.
SUPPLEMENTARY INFORMATION: EPA has granted or denied emergency
exemptions to the following State and Federal agencies. 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.
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are a federal
or state government agency involved in administration of environmental
quality programs (i.e., Departments of Agriculture, Environment, etc).
Potentially affected entities may include, but are not limited to:
? Federal or State Government Entity, (NAICS 9241), i.e.,
Departments of Agriculture, Environment, etc.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2003-0033. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2,
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.regulations.gov/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
II. Background
Under FIFRA section 18, 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 a particular
form of specific exemption 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.
[[Page 8598]]
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 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 Federal Register citation for the time-limited tolerance, if
any.
III. Emergency Exemptions and Denials
A. U. S. States and Territories
Arizona
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to
control varroa mites and small hive beetles; February 2, 2003 to
February 1, 2004. Contact: (Barbara Madden)
California
Environmental Protection Agency, Department of Pesticide Regulation
Crisis: On November 5, 2002, for the use of pyriproxyfen on
strawberry to control whiteflies. This program is expected to end on
October 2, 2003. Contact: (Andrea Conrath)
Quarantine: EPA authorized the use of spinosad on minor crop host
sites to control non-indigenous and quarantined fruit flies; December
5, 2002 to December 5, 2005. Contact: (Dan Rosenblatt)
Specific: EPA authorized the use of avermectin on spinach to
control leafminers; November 1, 2002 to October 31, 2003. Contact:
(Barbara Madden)
EPA authorized the use of a baited trap containing lambda-
cyhalothrin (toxicant), ammonium bicarbonate (food lure), and
spiroketalamine (pheromone) on olive trees to control the olive fruit
fly; November 14, 2002 to August 31, 2003. Contact: (Dan Rosenblatt)
EPA authorized the use of pyriproxyfen on strawberry to control
whiteflies; November 15, 2002 to November 15, 2003. Contact: (Andrea
Conrath)
EPA authorized the use of imidacloprid on strawberries to control
whiteflies; December 24, 2002 to December 23, 2003. Contact: (Andrew
Ertman)
EPA authorized the use of avermectin on avocado to control thrips;
February 1, 2003 to December 1, 2003. Contact: (Barbara Madden)
EPA authorized the use of tebufenozide on wine grapes to control
grape leaffolder and Omnivorous leafroller; April 1, 2003 to September
1, 2003. Contact: (Barbara Madden)
Delaware
Department of Agriculture
Specific: EPA authorized the use of s-metolachlor on spinach to control
weeds; October 25, 2002 to September 1, 2003. Contact: (Andrew Ertman)
EPA authorized the use of thiophanate methyl on mushroom spawn to
control green mold; December 5, 2002 to December 5, 2003. Contact:
(Andrea Conrath)
Florida
Department of Agriculture and Consumer Services
Quarantine: EPA authorized the use of naled on telephone poles and
inanimate objects to control the Oriental fruit fly and related
quarantined fruit fly species that respond to methyl eugenol bait;
November 13, 2002 to November 13, 2005. Contact: (Dan Rosenblatt)
Specific: EPA authorized the use of coumaphos in beehives to
control varroa mites and small hive beetles; January 19, 2003 to
January 18, 2004. Contact: (Barbara Madden)
EPA authorized the use of thiophanate methyl on citrus to control
post-bloom fruit drop disease; February 22, 2003 to February 22, 2004.
Contact: (Andrea Conrath)
Georgia
Department of Agriculture
Specific: EPA authorized the use of flufenacet on wheat to control
ryegrass; October 10, 2002 to December 31, 2002. Contact: (Barbara
Madden)
EPA authorized the use of coumaphos in beehives to control varroa
mites and small hive beetles; January 19, 2003 to January 18, 2004.
Contact: (Barbara Madden)
Idaho
Department of Agriculture
Specific: EPA authorized the use of flufenacet on wheat and
triticale to control ryegrass; October 10, 2002 to June 30, 2003.
Contact: (Barbara Madden)
EPA authorized the use of difenoconazole on sweet corn grown for
seed to control fungal pathogens involved in die-back syndrom; November
20, 2002 to November 20, 2003. Contact: (Andrea Conrath)
EPA authorized the use of coumaphos in beehives to control varroa
mites and small hive beetles; February 2, 2003 to February 1, 2004.
Contact: (Barbara Madden)
Maryland
Department of Agriculture
Specific: EPA authorized the use of thiophanate methyl on mushroom
spawn to control green mold; December 5, 2002 to December 5, 2003.
Contact: (Andrea Conrath)
EPA authorized the use of coumaphos in beehives to control varroa
mites and small hive beetles; February 2, 2003 to February 1, 2004.
Contact: (Barbara Madden)
Michigan
Michigan Department of Agriculture
Specific: EPA authorized the use of sulfentrazone on strawberries
to control broadleaf weeds; October 21, 2002 to December 15, 2002.
Contact: (Andrew Ertman)
Mississippi
Department of Agriculture and Commerce
Specific: EPA authorized the use of niclosamide in commercially
operated, man-made levee containment ponds for catfish production to
control ram's horn snail, an intermediate host to the yellow grub
trematode; December 13, 2003 to December 12, 2004. Contact: (Barbara
Madden)
Missouri
Department of Agriculture
Specific: EPA authorized the use of clethodim on tall fescue to
suppress stem and seedhead formation in tall fescue pasture or hay to
reduce toxin producing endophyte-fungus; November 1, 2002 to April 15,
2003. Contact: (Barbara Madden)
Nebraska
Department of Agriculture
Specific: EPA authorized the use of chlorine dioxide on stored
potatoes to control late blight; October 6, 2002 to May 31, 2003.
Contact: (Andrew Ertman)
New Mexico
Department of Agriculture
Specific: EPA authorized the use of propiconazole on grain sorghum
and sorghum planted for seed production to control sorghum ergot
(Claviceps africana); November 7, 2002 to September 30, 2003. Contact:
(Libby Pemberton)
New York
Department of Environmental Conservation
Specific: EPA authorized the use of coumaphos in beehives to
control varroa mites and small hive beetles; February 2, 2003 to
February 1, 2004. Contact: (Barbara Madden)
North Carolina
Department of Agriculture
Specific: EPA authorized the use of flufenacet on wheat to control
ryegrass; October 10, 2002 to December 31, 2002. Contact: (Barbara
Madden)
North Dakota
Department of Agriculture
Specific: EPA authorized the use of chlorine dioxide on stored
potatoes to control late blight; October 21, 2002 to August 31, 2003.
Contact: (Andrew Ertman)
[[Page 8599]]
Oregon
Department of Agriculture
Specific: EPA authorized the use of flufenacet on wheat and
triticale to control ryegrass; October 10, 2002 to June 30, 2003.
Contact: (Barbara Madden)
Pennsylvania
Department of Agriculture
Specific: EPA authorized the use of thiophanate methyl on mushroom
spawn to control green mold; December 5, 2002 to December 5, 2003.
Contact: (Andrea Conrath)
South Carolina
Clemson University
Specific: EPA authorized the use of flufenacet on wheat to control
annual ryegrass; November 20, 2002 to December 31, 2002. Contact:
(Barbara Madden)
Texas
Department of Agriculture
Crisis: On October 10, 2002, for the use of azoxystrobin on
broccoli, cabbage, cauliflower, and kohlrabi to control Alternaria
Leafspot and Cercospera Leafspot. This program is expected to end on
October 10, 2003. Contact: (Libby Pemberton)
Specific: EPA authorized the use of bifenthrin on citrus to control
weevils; November 22, 2002 to November 22, 2003. Contact: (Andrea
Conrath)
EPA authorized the use of azoxystrobin on broccoli, cabbage,
cauliflower, and kohlrabi to control Alternaria Leafspot and Cercospera
Leafspot; December 12, 2002 to October 10, 2003. Contact: (Libby
Pemberton)
EPA authorized the use of propiconazole on grain sorghum to control
sorghum ergot (Claviceps africana); December 14, 2002 to December 14,
2003. Contact: (Libby Pemberton)
Virginia
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of bifenazate on greenhouse grown
tomatoes to control spider mites; October 4, 2002 to October 3, 2003.
Contact: (Barbara Madden)
EPA authorized the use of flufenacet on wheat to control ryegrass;
October 10, 2002 to December 31, 2002. Contact: (Barbara Madden)
Washington
Department of Agriculture
Specific: EPA authorized the use of flufenacet on wheat and
triticale to control ryegrass; October 10, 2002 to June 30, 2003.
Contact: (Barbara Madden)
EPA authorized the use of coumaphos in beehives to control varroa
mites and small hive beetles; February 2, 2003 to February 1, 2004.
Contact: (Barbara Madden)
B. Federal Departments and Agencies
Agriculture Department
Animal and Plant Health Inspector Service
Quarantine: EPA authorized the use of diazinon around the drip line
of infested trees in Florida to control quarantined fruit fly species,
such as the Mediterranean fruit fly; October 21, 2002 to October 21,
2005. Contact: (Dan Rosenblatt)
Environmental Protection Agency
Crisis: On October 3, 2002, for the use of ethylene oxide to
decontaminate interior spaces and personal and office items from the
National Broadcasting Company on which Bacillus anthracis may be
present at low bioburden levels. This program ended on/is expected to
end on October 18, 2002. Contact: (Barbara Madden)
On October 3, 2002, for the use of hydrogen peroxide to
decontaminate interior spaces and personal and office items from the
National Broadcasting Company on which Bacillus anthracis may be
present at low bioburden levels. This program ended on/is expected to
end on October 18, 2002. Contact: (Barbara Madden)
On October 3, 2002, for the use of hydrogen peroxide and
peroxyacetic acid to decontaminate interior spaces and personal and
office items from the National Broadcasting Company on which Bacillus
anthracis may be present at low bioburden levels. This program ended
on/is expected to end on October 18, 2002. Contact: (Barbara Madden)
On October 3, 2002, for the use of sodium hypochlorite to
decontaminate interior spaces and personal and office items from the
National Broadcasting Company on which Bacillus anthracis may be
present at low bioburden levels. This program ended on/is expected to
end on October 18, 2002. Contact: (Barbara Madden)
On October 16, 2002, for the use of ethylene oxide to fumigate
items retrieved from the U.S. Department of Justice that were
contaminated or potentially contaminated by Bacillus anthracis. This
program ended on/is expected to end on November 1, 2002. Contact:
(Barbara Madden)
On December 9, 2002, for the use of sodium chlorite to fumigate the
Joseph Curseen, Jr. and Thomas Morris, Jr. Processing and Distribution
Center in Washington, D.C. that was contaminated by Bacillus anthracis.
This program ended on/is expected to end on December 24, 2002. Contact:
(Barbara Madden)
List of Subjects
Environmental protection, Pesticides and pest.
Dated: February 10, 2003.
Debra Edwards,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 03-4252 Filed 2-21-03; 8:45 am]
BILLING CODE 6560-50-S
![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}