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Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: November 28, 2007 (Volume 72, Number 228)]
[Notices]
[Page 67302-67303]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no07-49]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-0671; FRL-8153-9]
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 July 1, 2007 to September 30, 2007 to control
unforeseen 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 (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9366.
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.
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 a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2007-0671. Publicly
available docket materials are available either electronically at
http://www.regulations.gov, or, if only available in hard copy, at the
OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of
this Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket Facility 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.
II. Background
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.
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
Arkansas
Arkansas State Plant Board
Crisis: On September 24, 2007, for the use of profenofos on rice grown
in greenhouses for research only (non-food) to control rice panicle
mite (Steneotarsonemus Spinki Smiley). This program ended on October 9,
2007. Contact: Libby Pemberton.
California
Environmental Protection Agency, Department of Pesticide Regulation
Specific Exemption: EPA authorized the use of myclobutanil on
artichokes to control powdery mildew; August 18, 2007 to May 31, 2008.
Contact: Stacey Groce.
Public Health Exemption: EPA authorized the use of d-Phenothrin and
[[Page 67303]]
piperonyl butoxide in the air column over agricultural lands to control
mosquito vectors of Eastern Equine Encephalitis virus and West Nile
Virus at risk for mosquito-borne disease transmission; August 3, 2007
to November 1, 2007. Contact: Princess Campbell.
Connecticut
Department of Environmental Conservation
Crisis: On September 19, 2007, for the use of sodium hypochlorite in
contaminated buildings to control anthrax. This program ended on
October 3, 2007. Contact: Princess Campbell.
Florida
Department of Agriculture and Consumer Services
Specific Exemption:EPA authorized the use of thiophanate-methyl on
cotton to control fusarium hardlock; July 21, 2007 to July 21, 2008.
Contact: Stacey Groce.
Georgia
Department of Agriculture
Quarantine: EPA authorized the use of metconazole on soybeans to
control Australasian soybean rust (Phakopsora pachyrhizi); July 10,
2007, to April 19, 2007. Contact: Stacey Groce.
EPA authorized the use of flusilazole on soybeans to control
Australasian soybean rust (Phakopsora pachyrhizi); July 6, 2007, to
June 15, 2010. Contact: Andrea Conrath.
EPA authorized the use of cyproconazole on soybeans to control
Australasian soybean rust (Phakopsora pachyrhizi); July 11, 2007, to
March 31, 2009. Contact: Stacey Groce.
Illinois
Department of Agriculture
Specific Exemption:EPA authorized the use of fenpyroximate in beehives
to control varroa mites; July 3, 2007 to February 28, 2008. Contact:
Stacey Groce.
Louisiana
Department of Agriculture and Forestry
Specific Exemption:EPA authorized the use of sulfosulfuron on
bermudagrass and bahiagrass pastures and hayfields to control
Johnsongrass (Sorghum halepense); July 30, 2007 to September 15, 2007.
Contact: Libby Pemberton.
Massachusetts
Department of Agricultural Resources
Public Health Exemption: EPA authorized the use of d-Phenothrin and
piperonyl butoxide in the air column over agricultural lands to control
mosquito vectors of Eastern Equine Encephalitis virus and West Nile
Virus and risk for mosquito-borne disease transmission; August 3, 2007
to November 1, 2007. Contact: Princess Campbell.
Minnesota
Department of Agriculture
Specific Exemption:EPA authorized the use of azoxystrobin on wild rice
to control stem rot (Nakataea sigmoidea/Sclerotium oryzae); July 2,
2007 to August 31, 2007. Contact: Libby Pemberton.
Nebraska
Department of Agriculture
Specific Exemption:EPA authorized the use of tebuconazole on field corn
seed to control head smut; September 12, 2007 to May 30, 2008. Contact:
Andrew Ertman.
New Mexico
Department of Agriculture
Crisis: On July 5, 2007, for the use of azoxystrobin on cotton to
control southwestern cotton rust. This program ended on July 17, 2007.
Contact: Libby Pemberton.
Rhode Island
Division of Agricultural Resources
Public Health Exemption: EPA authorized the use of d-Phenothrin and
piperonyl butoxide in the air column over agricultural lands to control
mosquito vectors of Eastern Equine Encephalitis Virus and West Nile
Virus and risk for mosquito-borne disease transmission; August 3, 2007
to November 1, 2007. Contact: Princess Campbell.
South Carolina
Clemson University
Quarantine: EPA authorized the use of metconazole on soybeans to
control Australasian soybean rust (Phakopsora pachyrhizi); July 10,
2007, to April 19, 2007. Contact: Stacey Groce.
EPA authorized the use of flusilazole on soybeans to control
Australasian soybean rust (Phakopsora pachyrhizi); July 6, 2007, to
June 15, 2010. Contact: Andrea Conrath.
EPA authorized the use of cyproconazole on soybeans to control
Australasian soybean rust (Phakopsora pachyrhizi); July 11, 2007, to
March 31, 2009. Contact: Stacey Groce.
Tennessee
Department of Agriculture
Specific Exemption:EPA authorized the use of fenpyroximate in beehives
to control varroa mites; July 19, 2007 to February 28, 2008. Contact:
Stacey Groce.
Texas
Department of Agriculture
Crisis: On July 2, 2007, for the use of azoxystrobin on cotton to
control southwestern cotton rust. This program ended on July 17, 2007.
Contact: Libby Pemberton.
Crisis: On July 24, 2007, for the use of profenofos on rice grown for
research only to control rice panicle mite (Steneotarsonemus Spinki
Smiley). This program ended on August 7, 2007. Contact: Libby Pemberton.
USDA/APHIS
Quarantine: EPA authorized the use of E-11-tetradecen-1-yl acetate and
z-11-tetradecen-1-yl acetate on all agricultural crops, all orchards,
all nurseries, all parks and forests, all residential and municipal
areas, all recreational and non-crop areas to control the light brown
apple moth; July 24, 2007, to July 24, 2010. Contact: Andrew Ertman.
Quarantine: EPA authorized the use of E-11-tetradecen-1-yl acetate on
all agricultural crops, all orchards, all nurseries, all parks and
forests, all residential and municipal areas, all recreational and non-
crop areas to control the light brown apple moth in California; July
24, 2007, to June 12, 2010. Contact: Andrew Ertman.
West Virginia
Department of Agriculture
Quarantine: EPA authorized the use of metconazole on soybeans to
control Australasian soybean rust (Phakopsora pachyrhizi); August 15,
2007, to April 19, 2007. Contact: Stacey Groce.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: November 14, 2007.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-23092 Filed 11-27-07; 8:45 am]
BILLING CODE 6560-50-S