Notice2021-24787
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
November 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 April 1, 2021 to June 30, 2021 to control unforeseen pest outbreaks.
Full Text
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<title>Federal Register, Volume 86 Issue 217 (Monday, November 15, 2021)</title>
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[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63022-63024]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24787]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2021-0050; FRL-8963-01-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 April 1, 2021 to June 30, 2021 to control unforeseen pest
outbreaks.
FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, 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#491b0d0f1b07263d202a2c3a092c3928672e263f"><span class="__cf_email__" data-cfemail="bceef8faeef2d3c8d5dfd9cffcd9ccdd92dbd3ca">[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.
Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Public Reading Room is closed to visitors
with limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
OPP Docket is (703) 305-5805. Please review the visitor instructions
and additional information about the docket available at <a href="https://www.epa.gov/dockets">https://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.
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 fluridone on a
maximum of 5,000 acres of peanut to control herbicide-resistant Palmer
amaranth (Amaranthus palmeri). A time-limited tolerance in connection
with this action will be established in 40 CFR 180.420(b). The
authorization for this use is effective May 7, 2021 to August 1, 2021.
[[Page 63023]]
California
Department of Pesticide Regulation
Specific exemption: EPA authorized the use of bifenthrin on a
maximum of 18,000 acres of pomegranate to control leaffooted plant bug.
A time-limited tolerance in connection with a past action has been
established in 40 CFR 180.442(b). The authorization for this use is
effective June 21, 2021 to January 15, 2022.
Colorado
Department of Agriculture
Specific exemption: EPA authorized the use of acifluorfen on a
maximum of 5,500 acres of sugar beets for postemergence control of
glyphosate-resistant Palmer amaranth pigweed (Amaranthus palmeri).
Time-limited tolerances in connection with this action will be
established in 40 CFR 180.383(b). The authorization for this use is
effective June 1, 2021 to July 31, 2021.
Georgia
Department of Agriculture
Public Health Exemption: EPA authorized the use of Benzene, 1-(1,1-
dimethylethyl)-4-ethenyl-, polymer with ethenylbenzene and 2-methyl-
1,3-butadiene, sulfonated, CAS 1637665-77-0 (referred to as BiaXam
polymer), for supplemental residual control of Severe Acute Respiratory
Syndrome Coronavirus 2 (SARS-CoV-2) on hard, nonporous, nonfood-contact
surfaces in Delta Air Lines airplanes and airport facilities in
Georgia. Because the request proposed use of a new chemical (an active
ingredient not contained in any currently registered pesticide), in
accordance with the requirements at 40 CFR 166.24, a notice of receipt
published in the Federal Register on February 9, 2021 (86 FR 8784)
(FRL-10019-60) with the public comment period closing on February 24,
2021. The authorization for this use is effective April 21, 2021 to
April 21, 2022.
Hawaii
Department of Agriculture
Specific exemption: EPA authorized the use of fluxapyroxad and
pyraclostrobin on a maximum of 8,000 acres of coffee to control coffee
leaf rust (Hemileia vastatrix). Import tolerances in connection with
prior registration actions have been established in 40 CFR 180.166 for
fluxapyroxad and 40 CFR 180.582 for pyraclostrobin to support this
action. The authorization for this use is effective May 19, 2021 to May
19, 2022.
Michigan
Department of Agriculture and Rural Development
Specific exemption: EPA authorized the use of acifluorfen on a
maximum of 48,000 acres of sugar beets for postemergence control of
invasive Amaranthus (pigweed) spp., glyphosate-resistant-waterhemp
(Amaranthus tuberculatus), and Palmer amaranth (Amaranthus palmeri).
Time-limited tolerances in connection with this action will be
established in 40 CFR 180.383(b). The authorization for this use is
effective June 1, 2021 to July 31, 2021.
Minnesota
Department of Agriculture
Specific exemption: EPA authorized the use of acifluorfen on a
maximum of 96,000 acres of sugar beets for postemergence control of
glyphosate-resistant waterhemp (Amaranthus tuberculatus). Time-limited
tolerances in connection with this action will be established in 40 CFR
180.383(b). Effective June 1, 2021 to July 31, 2021.
Public Health Exemption: EPA authorized the use of Benzene, 1-(1,1-
dimethylethyl)-4-ethenyl-, polymer with ethenylbenzene and 2-methyl-
1,3-butadiene, sulfonated, CAS 1637665-77-0 (referred to as BiaXam
polymer), for supplemental residual control of Severe Acute Respiratory
Syndrome Coronavirus 2 (SARS-CoV-2) on hard, nonporous, nonfood-contact
surfaces in Delta Air Lines airplanes and airport facilities in
Minnesota. Because the request proposed use of a new chemical (an
active ingredient not contained in any currently registered pesticide),
in accordance with the requirements at 40 CFR 166.24, a notice of
receipt published in the Federal Register on February 9, 2021 (86 FR
8784) (FRL-10019-60) with the public comment period closing on February
24, 2021. The authorization for this use is effective April 21, 2021 to
April 21, 2022.
Missouri
Department of Agriculture
Specific exemption: EPA authorized the use of fluridone on a
maximum of 4,000 acres of peanut to control herbicide-resistant Palmer
amaranth (Amaranthus palmeri). A time-limited tolerance in connection
with this action will be established in 40 CFR 180.420(b). The
authorization for this use is effective May 7, 2021 to August 1, 2021.
Nebraska
Department of Agriculture
Specific exemption: EPA authorized the use of acifluorfen on a
maximum of 11,000 acres of sugar beets for postemergence control of
glyphosate-resistant Palmer amaranth pigweed (Amaranthus palmeri).
Time-limited tolerances in connection with this action will be
established in 40 CFR 180.383(b). The authorization for this use is
effective June 1, 2021 to July 31, 2021.
New York
Department of Environmental Conservation
Public Health Exemptions: EPA authorized the use of peroxyacetic
acid and hydrogen peroxide to treat regulated medical waste potentially
contaminated with the causal agent of COVID-19, the Severe Acute
Respiratory Syndrome Coronavirus 2 (SARS-CoV-2). The authorization for
this use is effective June 17, 2021 to June 17, 2022.
North Dakota
Department of Agriculture
Specific exemption: EPA authorized the use of acifluorfen on a
maximum of 34,000 acres of sugar beets for postemergence control of
glyphosate resistant waterhemp (Amaranthus tuberculatus). Time-limited
tolerances in connection with this action will be established in 40 CFR
180.383(b). The authorization for this use is effective June 1, 2021 to
July 31, 2021.
Utah
Department of Agriculture and Food
Public Health Exemptions: EPA authorized the use of Benzene, 1-
(1,1-dimethylethyl)-4-ethenyl-, polymer with ethenylbenzene and 2-
methyl-1,3-butadiene, sulfonated, CAS 1637665-77-0 (referred to as
BiaXam polymer), for supplemental residual control of Severe Acute
Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) on hard, nonporous,
nonfood-contact surfaces in Delta Air Lines airplanes and airport
facilities in Utah. Because the request proposed use of a new chemical
(an active ingredient not contained in any currently registered
pesticide), in accordance with the requirements at 40 CFR 166.24, a
notice of receipt published in the Federal Register on February 9, 2021
(86 FR 8784) (FRL-10019-60) with the public comment period closing on
February 24, 2021. The authorization for this use is effective April
21, 2021 to April 21, 2022.
[[Page 63024]]
Authority: 7 U.S.C. 136 et seq.
Dated: October 29, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-24787 Filed 11-12-21; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on November 15, 2021.
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.