Notice2021-15043
Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 15, 2021
Issuing agencies
Environmental Protection Agency
Abstract
EPA has granted emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions were granted during the period October 1, 2020 to March 31, 2021 to control unforeseen pest outbreaks.
Full Text
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<title>Federal Register, Volume 86 Issue 133 (Thursday, July 15, 2021)</title>
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[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Notices]
[Pages 37324-37325]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15043]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2021-0050; FRL-8606-01-OCSPP]
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 emergency exemptions under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of
pesticides as listed in this notice. The exemptions were granted during
the period October 1, 2020 to March 31, 2021 to control unforeseen pest
outbreaks.
FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting Director,
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:
<a href="/cdn-cgi/l/email-protection#7f2d3b392d31100b161c1a0c3f1a0f1e51181009"><span class="__cf_email__" data-cfemail="17455351455978637e7472645772677639707861">[email protected]</span></a>.
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:
<bullet> Crop production (NAICS code 111).
<bullet> Animal production (NAICS code 112).
<bullet> Food manufacturing (NAICS code 311).
<bullet> Pesticide manufacturing (NAICS code 32532).
If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed at the end of
the emergency exemption.
B. How can I get copies of this document and other related information?
The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2021-0050, is available at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPP
Docket is (703) 305-5805. Due to the public health concerns related to
COVID-19, the EPA Docket Center (EPA/DC) and Reading Room is closed to
visitors with limited exceptions. The staff continues to provide remote
customer service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit <a href="http://www.epa.gov/dockets">http://www.epa.gov/dockets</a>.
II. Background
EPA has granted 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 (7 U.S.C. 136p), 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 emergency
exemptions 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, 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
A. U.S. States and Territories
Arkansas
Department of Agriculture
Specific exemption: EPA authorized the use of benzobicyclon on a
maximum of 25,000 acres of zero-grade, water-seeded, conventional, and
imidazolinone-resistant rice fields. A time-limited tolerance in
connection with a past action has been established in 40 CFR
180.693(c). Effective April 1, 2021 to August 1, 2021.
Public health exemption: EPA authorized the use of 1-
octadecanaminium, N,N-dimethyl-N-[3-(trihydroxysilyl)propyl] chloride
on non-porous, non-food-contact surfaces in American Airlines aircraft
and airport facilities to control the Severe Acute
[[Page 37325]]
Respiratory Syndrome Coronavirus 2 (SARS-CoV-2), the causal agent of
COVID-19. The use is effective January 19, 2021 to August 24, 2021.
California
Department of Pesticide Regulation
Specific exemption: EPA authorized the use of kasugamycin on a
maximum of 100,000 acres of almond trees to control bacterial blast
(Pseudomonas syringae pv. syringae). A time-limited tolerance in
connection with a past action has been established in 40 CFR
180.614(b). Effective February 11, 2021 to April 15, 2021.
Florida
Department of Agriculture and Consumer Services
Specific exemptions: EPA authorized the use of streptomycin on up
to 330,254 acres of citrus to manage citrus greening disease (also
known as Huanglongbing). Time-limited tolerances in connection with
past actions for this use have been established in 40 CFR 180.245(b).
Effective December 31, 2020 to December 31, 2021.
EPA authorized the use of the insecticide clothianidin on a maximum
of 125,376 acres of immature (3 to 5 years old) citrus trees to control
the Asian citrus psyllid, the vector of citrus greening disease (also
known as Huanglongbing) to manage disease transmission. A time-limited
tolerance in connection with this action has been established in 40 CFR
180.586(b); Effective January 1, 2021 to October 31, 2021.
Georgia
Department of Agriculture
Public health exemption: EPA authorized the use of triethylene
glycol as an indoor air treatment at various sites in Georgia when
adherence to current public health guidelines is impractical, difficult
to maintain, or is not expected to provide a sufficient level of
protection, to control the Severe Acute Respiratory Syndrome
Coronavirus 2 (SARS-CoV-2), the causal agent of COVID-19. The use is
effective January 14, 2021 to January 14, 2022.
Louisiana
Department of Agriculture and Forestry
Specific exemption: EPA authorized the use of triclopyr on a
maximum of 450,000 acres of sugarcane to control divine nightshade. A
time-limited tolerance in connection with this action has been
established in 40 CFR 180.417(b); Effective October 2, 2020 to May 31,
2021.
Massachusetts
Department of Agriculture and Resources
Specific exemption: EPA authorized the use of pronamide on a
maximum of 5,000 acres of cranberries to control dodder. A time-limited
tolerance in connection with this action has been established in 40 CFR
180.679(b). Effective April 15, 2021 to June 30, 2021.
Oklahoma
Department of Agriculture
Public health exemption: EPA authorized the use of 1-
octadecanaminium, N,N-dimethyl-N-[3-(trihydroxysilyl)propyl] chloride
on non-porous, non-food-contact surfaces in American Airlines aircraft
and airport facilities to control the Severe Acute Respiratory Syndrome
Coronavirus 2 (SARS-CoV-2), the causal agent of COVID-19. The use is
effective January 19, 2021 to August 24, 2021.
Tennessee
Department of Agriculture
Public health exemption: EPA authorized the use of triethylene
glycol as an indoor air treatment at various sites in Tennessee when
adherence to current public health guidelines is impractical, difficult
to maintain, or is not expected to provide a sufficient level of
protection, to control the Severe Acute Respiratory Syndrome
Coronavirus 2 (SARS-CoV-2), the causal agent of COVID-19. The use is
effective January 14, 2021 to January 14, 2022.
B. Federal Departments and Agencies
Agriculture Department
Animal and Plant Health Inspector Service
Quarantine Exemption: EPA authorized the use of acetic acid on
nonporous surfaces to decontaminate from foot and mouth disease virus;
Effective April 19, 2021 to April 19, 2024.
National Aeronautics and Space Administration
Specific exemption: EPA authorized use of ortho-phthalaldehyde,
immobilized to a porous resin, to treat the International Space Station
(ISS) internal active thermal control system (IATCS) coolant for
control of aerobic and microaerophilic water bacteria and unidentified
gram-negative rods. Effective October 9, 2020 to October 9, 2021. This
request was granted because without this use, the ISS would have no
means of controlling microorganisms in the IATCS because there are no
registered alternatives available which meet the required criteria.
Since this request proposed a use of a new (unregistered) chemical, in
accordance with the requirements at 40 CFR 166.24, a notice of receipt
published in the Federal Register on September 25, 2020 (85 FR 60458)
(FRL-10014-21) with the public comment period closing on October 13,
2020.
Authority: 7 U.S.C. 136 et seq.
Dated: July 9, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-15043 Filed 7-14-21; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.