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Pesticide News Story: Final Rule on Pesticide Emergency Exemption Process

For Release: January 27, 2006

EPA, working collaboratively with State agencies and key stakeholders over several years is now streamlining aspects of the process for emergency exemptions under Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). By implementing a number of revisions that was published in the Federal Registeron January 27, 2006, this final rule will reduce the burden to both applicants and EPA. The rule enables the Agency to quickly assess an emergency exemption request for use of a specific pesticide in a pest-related emergency, while ensuring
that use of the product will not result in unreasonable risks to human health or the environment.

The two most substantive improvements in the final rule were tested in limited pilot programs and forum to work well for both applicants and EPA. The first revision streamlines the application and review process for certain repeat requests by allowing States and federal agencies to re-certify in subsequent years that emergency conditions continue. The second revision establishes an improved and more uniform approach to determining and documenting a significant economic loss, the most commonly used criterion for demonstrating an emergency condition.

In addition to these time-saving improvements, EPA is making several minor revisions to the regulations to clarify that quarantine exemptions may be used for control of invasive species, and to update or revise certain administrative aspects of the regulations. These revisions will in no way impair the Agencys ability to protect human health and the environment.

The Federal Register notice is available on the Internet at: http://www.epa.gov/fedrgstr/EPA-PEST/2006/January/Day-27/p743.htm. Those interested in seeing the proposed rule, public comments received and Agency responses, other related documents, and the final rule may access them in the docket via: http://www.regulations.gov, using the advanced search feature, selecting docket and using the Docket ID number EPA-HQ-OPP-2004-0038.


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