Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations
[Federal Register: July 13, 2005 (Volume 70, Number 133)]
[Notices]
[Page 40348-40351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy05-72]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0188; FRL-7722-5]
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 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 January 1, 2005 to March 31, 2005 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 an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
? Crop production (NAICS code 111)
? Animal production (NAICS code 112)
? Food manufacturing (NAICS code 311)
? Pesticide manufacturing (NAICS code 32532)
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. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions discussed above. 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 number OPP-2005-0188. 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, 1801 S. Bell St., 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
[[Page 40349]]
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.
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
Alabama
Department of Agriculture and Industries
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 7, 2005 to February 1,
2006. Contact: (Barbara Madden)
California
Environmental Protection Agency, Department of Pesticide Regulation
Crisis: On August 30, 2004, for the use of spinosad on green onions to
control thrips. This program ended on October 31, 2004. Contact:
(Andrew Ertman)
Specific: EPA authorized the use of thiamethoxam on artichoke to
control proba bug; January 14, 2005 to January 14, 2006. Contact:
(Barbara Madden)
EPA authorized the use of maneb on walnut to control bacterial blight;
March 1, 2005 to June 15, 2005. Contact: (Libby Pemberton)
EPA authorized the use of myclobutanil on peppers to control powdery
mildew (Oidiopsis taurica); June 1, 2005 to May 31, 2006. Contact:
(Libby Pemberton)
EPA authorized the use of oxytetracycline in apples to control fire
blight; March 11, 2005 to August 1, 2005. Contact: (Andrea Conrath)
EPA authorized the use of tebuconazole on garlic to control garlic rust
(Puccinia porri - P. allii); March 16, 2005 to July 3, 2005. Contact:
(Libby Pemberton)
EPA authorized the use of spiromesifen on pepper to control potato
psyllid Bactericera (Paratrioza cockerelli); March 25, 2005 to November
30, 2005. Contact: (Libby Pemberton)
Colorado
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 7, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of difenoconazole on sweet corn seed to control
damping off and die-back disease; March 11, 2005 to March 10, 2006.
Contact: (Andrea Conrath)
EPA authorized the use of tebuconazole on sunflower to control rust
(Puccinia helianthi); July 1, 2005 to August 25, 2005. Contact: (Libby
Pemberton)
Connecticut
Department of Environmental Protection
Specific: EPA authorized the use of azoxystrobin on tobacco to control
blue mold (Peronospora tabacina) March 30, 2005 to December 31, 2005.
Contact: (Libby Pemberton)
EPA authorized the use of maneb on walnut to control bacterial blight;
March 1, 2005 to June 15, 2005. Contact: (Libby Pemberton)
Delaware
Department of Agriculture
Specific: EPA authorized the use of thiophanate methyl in mushroom
cultivation to control green mold; January 7, 2005 to January 7, 2006.
Contact: (Andrea Conrath)
EPA authorized the use of coumaphos in beehives to control varroa mites
and small hive beetles; February 7, 2005 to February 1, 2006. Contact:
(Barbara Madden)
Florida
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of Pyriproxyfen in legumes to control
Whitefly; February 9, 2005 to February 9, 2006. Contact: (Andrea Conrath)
EPA authorized the use of thiophanate methyl in citrus to control post-
bloom fruit drop and stem end rot; March 2, 2005 to March 2, 2006.
Contact: (Andrea Conrath)
Georgia
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 2, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing
thymol, eucalyptus oil, and L-menthol in beehives to control varroa
mites; February 23, 2005 to December 1, 2005. Contact: (Barbara Madden)
Idaho
Department of Agriculture
Specific: EPA authorized the use of the formulated product ApiLife VAR
containing thymol, eucalyptus oil, and L-menthol in beehives to control
varroa mites; February 17, 2005 to December 1, 2005. Contact: (Barbara
Madden)
EPA authorized the use of thiabendazole in lentils to control Ascochyta
Blight; February 22, 2005 to June 1, 2005. Contact: (Andrea Conrath)
EPA authorized the use of difenoconazole on sweet corn seed to control
damping off and die-back disease; March 11, 2005 to March 10, 2006.
Contact: (Andrea Conrath)
EPA authorized the use of oxytetracycline in apples to control fire
blight; March 11, 2005 to August 1, 2005. Contact: (Andrea Conrath)
Illinois
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 7, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing
thymol, eucalyptus oil, and L-menthol in beehives to control varroa
mites; February 7, 2005 to December 1, 2005. Contact: (Barbara Madden)
Indiana
Office of Indiana State Chemist
Specific: EPA authorized the use of coumaphos in beehives to control varroa
[[Page 40350]]
mites and small hive beetles; February 23, 2005 to February 1, 2006.
Contact: (Barbara Madden)
EPA authorized the use of fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to September 30, 2005. Contact:
(Andrea Conrath)
Kansas
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 7, 2005 to February 1,
2006. Contact: (Barbara Madden)
Maryland
Department of Agriculture
Specific: EPA authorized the use of thiophanate methyl in mushroom
cultivation to control green mold; January 7, 2005 to January 7, 2006.
Contact: (Andrea Conrath)
EPA authorized the use of coumaphos in beehives to control varroa mites
and small hive beetles; February 7, 2005 to February 1, 2006. Contact:
(Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing
thymol, eucalyptus oil, and L-menthol in beehives to control varroa
mites; February 7, 2005 to December 1, 2005. Contact: (Barbara Madden)
Massachusetts
Massachusetts Department of Food and Agriculture
Specific: EPA authorized the use of azoxystrobin on tobacco to control
blue mold (Peronospora tabacina) March 30, 2005 to December 31, 2005.
Contact: (Libby Pemberton)
Michigan
Michigan Department of Agriculture
Specific: EPA authorized the use of the formulated product ApiLife VAR
containing thymol, eucalyptus oil, and L-menthol in beehives to control
varroa mites; February 17, 2005 to December 1, 2005. Contact: (Barbara
Madden)
EPA authorized the use of fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to September 1, 2005. Contact:
(Andrea Conrath)
EPA authorized the use of oxytetracycline in apples to control fire
blight; March 11, 2005 to June 30, 2005. Contact: (Andrea Conrath)
EPA authorized the use of tebuconazole on asparagus to control
asparagus rust (Puccinia asparagi); March 16, 2005 to November 1, 2005.
Contact: (Libby Pemberton)
Minnesota
Department of Agriculture
Crisis: EPA authorized the use of tetraconazole on soybeans to control
soybean rust; March 2, 2005, to March 1, 2008. Contact: (Andrew Ertman)
Specific: EPA authorized the use of the formulated product ApiLife VAR
containing thymol, eucalyptus oil, and L-menthol in beehives to control
varroa mites; January 30, 2005 to December 1, 2005. Contact: (Barbara
Madden)
Mississippi
Department of Agriculture and Commerce
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 23, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing
thymol, eucalyptus oil, and L-menthol in beehives to control varroa
mites; February 23, 2005 to December 1, 2005. Contact: (Barbara Madden)
Missouri
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 7, 2005 to February 1,
2006. Contact: (Barbara Madden)
Montana
Department of Agriculture
Specific: EPA authorized the use of thiabendazole in lentils to control
Ascochyta Blight; March 11, 2005 to June 1, 2005. Contact: (Andrea Conrath)
New Hampshire
Department of Agriculture
Specific: EPA authorized the use of fenbuconazole in blueberries to
control mummyberry disease; March 10, 2005 to August 31, 2005. Contact:
(Andrea Conrath)
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, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of desmedipham on red (table) beets to control
several important broadleaf weeds, including hairy galinsoga, common
ragweed, redroot pigweed, common lambsquarters, velvetleaf, nightshade
spp. and wild mustard; February 2, 2005 to August 15, 2005. Contact:
(Libby Pemberton)
EPA authorized the use of fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to June 30, 2005. Contact: (Andrea
Conrath)
North Carolina
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 2, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to August 31, 2005. Contact: (Andrea
Conrath)
North Dakota
Department of Agriculture
Specific: EPA authorized the use of thiabendazole in lentils to control
Ascochyta Blight; February 22, 2005 to June 1, 2005. Contact: (Andrea
Conrath)
Oklahoma
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 2, 2005 to February 1,
2006. Contact: (Barbara Madden)
Oregon
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 7, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing
thymol, eucalyptus oil, and L-menthol in beehives to control varroa
mites; February 7, 2005 to December 1, 2005. Contact: (Barbara Madden)
EPA authorized the use of propiconazole on filberts to control Eastern
Filbert Blight; February 9, 2005 to May 30, 2005. Contact: (Andrea Conrath)
EPA authorized the use of thiabendazole in lentils to control Ascochyta
Blight; February 22, 2005 to June 1, 2005. Contact: (Andrea Conrath)
EPA authorized the use of fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to May 31, 2005. Contact: (Andrea
Conrath)
EPA authorized the use of sulfentrazone on strawberries to control
broadleaf weeds; March 11, 2005 to February 28, 2006. Contact: (Andrew
Ertman)
EPA authorized the use of oxytetracycline in apples to control fire
blight; March 11, 2005 to August 1, 2005. Contact: (Andrea Conrath)
Pennsylvania
Department of Agriculture
Specific: EPA authorized the use of the formulated product ApiLife VAR
containing thymol, eucalyptus oil, and
[[Page 40351]]
L-menthol in beehives to control varroa mites; January 30, 2005 to
December 1, 2005. Contact: (Barbara Madden)
EPA authorized the use of thiophanate methyl in mushroom cultivation to
control green mold; January 7, 2005 to January 7, 2006. Contact:
(Andrea Conrath)
EPA authorized the use of coumaphos in beehives to control varroa mites
and small hive beetles; February 7, 2005 to February 1, 2006. Contact:
(Barbara Madden)
EPA authorized the use of fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to September 1, 2005. Contact:
(Andrea Conrath)
South Carolina
Clemson University
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 23, 2005 to February 1,
2006. Contact: (Barbara Madden)
South Dakota
Department of Agriculture
Quarantine: EPA authorized the use of tetraconazole on soybeans to
control soybean rust; March 2, 2005, to March 1, 2008. Contact: (Andrew
Ertman)
Tennessee
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 23, 2005 to February 1,
2006. Contact: (Barbara Madden)
Texas
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 2, 2005 to February 1,
2006. Contact: (Barbara Madden)
Utah
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 23, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing
thymol, eucalyptus oil, and L-menthol in beehives to control varroa
mites; February 23, 2005 to December 1, 2005. Contact: (Barbara Madden)
Washington
Department of Agriculture
Specific: EPA authorized the use of the formulated product ApiLife VAR
containing thymol, eucalyptus oil, and L-menthol in beehives to control
varroa mites; January 30, 2005 to December 1, 2005. Contact: (Barbara
Madden)
EPA authorized the use of coumaophos in beehives to control varroa
mites and small hive beetles; February 7, 2005 to February 1, 2006.
Contact: (Barbara Madden)
EPA authorized the use of propiconazole on filberts to control Eastern
Filbert Blight; February 9, 2005 to May 30, 2005. Contact: (Andrea
Conrath)
EPA authorized the use of thiabendazole in lentils to control Ascochyta
Blight; February 22, 2005 to June 1, 2005. Contact: (Andrea Conrath)
EPA authorized the use of sulfentrazone on strawberries to control
broadleaf weeds; March 2, 2005 to February 28, 2006. Contact: (Andrew
Ertman)
EPA authorized the use of fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to June 10, 2005. Contact: (Andrea
Conrath)
EPA authorized the use of oxytetracycline in apples to control fire
blight; March 11, 2005 to August 1, 2005. Contact: (Andrea Conrath)
West Virginia
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 2, 2005 to February 1,
2006. Contact: (Barbara Madden)
Wisconsin
Department of Agriculture, Trade, and Consumer Protection
Specific: EPA authorized the use of sulfentrazone on strawberries to
control broadleaf weeds; June 20, 2005 to December 15, 2005. Contact:
(Andrew Ertman)
List of Subjects
Environmental protection, Pesticides and pest.
June 29, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 05-13780 Filed 7-12-05; 8:45 am]
BILLING CODE 6560-50-S