Notice2023-09880
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
May 10, 2023
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, 2022, to March 31, 2023, to control unforeseen pest outbreaks.
Full Text
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<title>Federal Register, Volume 88 Issue 90 (Wednesday, May 10, 2023)</title>
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[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30127-30128]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09880]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2023-0015; FRL-10897-01-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, 2022, to March 31, 2023, to control unforeseen
pest outbreaks.
FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, 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#b3e1f7f5e1fddcc7dad0d6c0f3d6c3d29dd4dcc5"><span class="__cf_email__" data-cfemail="34667072667a5b405d575147745144551a535b42">[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-2023-0015, 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
California
Department of Pesticide Regulation
Specific exemption: EPA authorized the use of kasugamycin on a
maximum of 102,000 acres of almond trees to control bacterial blast.
Time-limited tolerances in connection with a previous action are
established in 40 CFR 180.614(b). This authorization was effective
February 1, 2023.
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
[[Page 30128]]
divine nightshade. A time-limited tolerance in connection with this
action is established in 40 CFR 180.417(b). The authorization was
effective October 3, 2022.
Massachusetts
Department of Agricultural 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 is established in 40 CFR
180.317(b). The authorization was effective April 15, 2023.
Texas
Department of Agriculture
Quarantine exemption: EPA authorized the use of thiamethoxam on a
maximum of 190,000 acres of commercial rice fields to control the rice
delphacid. Time-limited tolerances in connection with this action are
established for thiamethoxam in 40 CFR 180.565(b). Section 18 use of
thiamethoxam on rice results in potential clothianidin (a major
metabolite of thiamethoxam) residues that, when combined with the
residues from the Section 3 use of clothianidin on rice, requires an
increase in the tolerance for residues of clothianidin in rice.
Therefore, a time-limited tolerance is established in 40 CFR
180.586(b), to support this emergency use. The authorization was
effective October 12, 2022.
B. Federal Departments and Agencies
United States Department of Agriculture
Animal and Plant Health Inspector Service
Quarantine exemptions: EPA authorized the use of a mixture of
sodium hypochlorite and propylene glycol in freezing temperatures to
decontaminate hard, nonporous outdoor surfaces associated with poultry
facilities infected with Newcastle disease virus. The authorization was
effective October 18, 2022.
EPA authorized the use of a mixture of potassium peroxymonosulfate
and propylene glycol for disinfection of hard, nonporous surfaces
associated with poultry facilities infected with Newcastle disease
virus. The authorization was effective December 20, 2022.
EPA authorized the use of methyl bromide to fumigate post-harvest
unlabeled imported/domestic commodities to prevent the introduction/
spread of any new or recently introduced foreign pest(s) to any U.S.
geographical location. The authorization was effective March 3, 2023.
National Aeronautics and Space Administration
Specific exemption: EPA authorized the use of ortho-phthaldehyde,
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. This specific exemption was granted because,
without this use, the ISS would have no means to control organisms in
the IATCS since there are no registered alternatives available that
meet the required criteria. The emergency request proposed a use of a
new (unregistered) chemical. In accordance with the requirements at 40
CFR 166.24(a)(1), a notice of receipt published in the Federal Register
on September 26, 2022, to allow a public comment period that closed on
October 6, 2022. The authorization was effective October 7, 2022.
Authority: 7 U.S.C. 136 et seq.
Dated: April 26, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-09880 Filed 5-9-23; 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.