Notice2022-26249
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
December 2, 2022
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 July 1, 2022, to September 30, 2022, to control unforeseen pest outbreaks.
Full Text
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<title>Federal Register, Volume 87 Issue 231 (Friday, December 2, 2022)</title>
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[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Notices]
[Pages 74144-74146]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26249]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0624; FRL-10416-01-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 July 1, 2022, to September 30, 2022, to control unforeseen
pest outbreaks.
FOR FURTHER INFORMATION CONTACT: Daniel Rosenblatt, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; email address:
<a href="/cdn-cgi/l/email-protection#580a1c1e0a16372c313b3d2b183d2839763f372e"><span class="__cf_email__" data-cfemail="d78593918599b8a3beb4b2a497b2a7b6f9b0b8a1">[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.
[[Page 74145]]
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-2022-0624, is available at <a href="https://www.regulations.gov">https://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 and the OPP Docket is (202) 566-1744. 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 for a specific crop/site on a limited acreage, or other
unit for treatment (e.g., square footage, cartons of produce 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
requested less frequently than specific exemptions.
3. A ``crisis exemption'' is initiated by a State or Federal agency
(and is concurred upon by EPA) when there is insufficient time to
request and obtain EPA permission for emergency use of a pesticide
under one of the other types of emergency exemptions.
EPA may deny an emergency exemption request: 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 infants and children to residues of the pesticide.
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,
the pests, the crop or use for which authorized, number of acres or
other unit for treatment (if applicable), and the effective date of the
exemption. EPA also gives the Federal Register citation for the time-
limited tolerance, if any, and notes when a Notice of Receipt (if
required under 40 CFR 166.24) was published in the Federal Register.
III. Emergency Exemptions
A. U.S. States and Territories
Arkansas
Department of Agriculture
Specific exemption: EPA authorized the use of thiamethoxam on a
maximum of 450,000 acres of rice to control rice stink bug. Time-
limited tolerances in connection with a previous action support this
emergency use and are established in 40 CFR 180.565(b). The
authorization was effective July 27, 2022.
Florida
Department of Agriculture and Consumer Services
Specific exemption: EPA authorized the use of clothianidin on a
maximum of 125,376 acres of immature (3 to 5 years old) citrus trees to
manage the transmission of Huanglongbing (HLB) disease vectored by the
Asian citrus psyllid. A time-limited tolerance in connection with this
action supports this emergency use and is established in 40 CFR
180.586(b). The authorization was effective September 28, 2022.
Louisiana
Department of Agriculture and Forestry
Quarantine exemption: EPA authorized the use of fipronil to control
an invasive crazy ant species (commonly referred to as the Tawny Crazy
Ant) around the outside of manmade structures, in parishes where the
ant has been confirmed. The authorization was effective September 27,
2022.
Michigan
Department of Agriculture and Rural Development
Quarantine exemption: EPA authorized the use of pyrethrins and
piperonyl butoxide to eradicate Red Swamp Crayfish on a maximum 6.98
acres across sixteen ponds in Southeast Michigan. This is a non-food/
non-feed use and the authorization was effective August 24, 2022.
Mississippi
Department of Agriculture and Commerce
Specific exemption: EPA authorized the use of thiamethoxam on a
maximum of 50,000 acres of rice to control rice stink bug. Time-limited
tolerances in connection with a previous action support this emergency
use and are established in 40 CFR 180.565(b). The authorization was
effective July 28, 2022.
Quarantine exemption: EPA authorized the use of fipronil to control
an invasive crazy ant species (commonly referred to as the Tawny Crazy
Ant) around the outside of manmade structures, in parishes where the
ant has been confirmed. The authorization was effective September 27,
2022.
Missouri
Department of Agriculture
Specific exemption: EPA authorized the use of thiamethoxam on a
maximum of 45,000 acres of rice to control rice stink bug. Time-limited
tolerances in connection with a previous action support this emergency
use and are established in 40 CFR 180.565(b). The authorization was
effective August 12, 2022.
Texas
Department of Agriculture
Quarantine exemption: EPA authorized the use of fipronil to control
an invasive crazy ant species (commonly referred to as the Tawny Crazy
Ant) around the outside of manmade structures, in parishes where the
ant has been confirmed. The authorization was effective September 27,
2022.
B. Federal Departments and Agencies
United States Department of Agriculture
Animal and Plant Health Inspection Service
Quarantine Exemption: EPA authorized the use of acetic acid
(vinegar) on hard nonporous surfaces to control African swine fever
virus. The authorization was effective September 9, 2022.
Authority: 7 U.S.C. 136 et seq.
[[Page 74146]]
Dated: November 28, 2022.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2022-26249 Filed 12-1-22; 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.