Notice2023-25602
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 20, 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 July 1, 2023, to September 30, 2023, to control unforeseen pest outbreaks.
Full Text
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<title>Federal Register, Volume 88 Issue 222 (Monday, November 20, 2023)</title>
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[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Notices]
[Pages 80715-80717]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25602]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2023-0015; FRL-11534-01-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, 2023, to September 30, 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#e6b4a2a0b4a889928f858395a6839687c8818990"><span class="__cf_email__" data-cfemail="d68492908498b9a2bfb5b3a596b3a6b7f8b1b9a0">[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
[[Page 80716]]
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 after FOR
FURTHER INFORMATION CONTACT.
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 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 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 14, 2023 to October 15, 2023.
California
Department of Pesticide Regulation
Crisis exemption: EPA concurred upon a crisis exemption declared by
the California Department of Pesticide Regulation for the use of
afidopyropen to control lygus and whitefly in cotton on August 4, 2023.
The use season expired on October 31, 2023, and a subsequent specific
exemption was also submitted.
Hawaii
Department of Agriculture
Crisis exemption: EPA concurred upon a crisis exemption declared by
the Hawaii Department of Agriculture for the use of cypermethrin
applied via unmanned aerial vehicles to control Coconut Rhinoceros
Beetles in ornamental palm trees on August 16, 2023, and a subsequent
quarantine exemption was also submitted.
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). The specific exemption was authorized
on September 20, 2023, and effective October 1, 2023 to May 31, 2024.
Mississippi
Department of Agriculture and Commerce
Specific exemption: EPA authorized the use of thiamethoxam on a
maximum of 60,000 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 14, 2023 to October 15, 2023.
Missouri
Department of Agriculture
Specific exemption: EPA authorized the use of thiamethoxam on a
maximum of 60,000 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 14, 2023 to October 15, 2023.
South Dakota
Department of Agriculture and Natural Resources
Crisis exemption: EPA concurred upon a crisis exemption declared by
the South Dakota Department of Agriculture and Natural Resources for
the use of malathion to control red sunflower seed weevil in sunflower
on August 16, 2023. The 15-day crisis exemption program expired on
August 31, 2023.
B. Federal Departments and Agencies
National Aeronautics and Space Administration
Specific exemption: EPA authorized the use of ortho-phthaldehyde,
incorporated into a porous resin, to treat and protect the
International Space Station (ISS) internal active thermal control
system (IATCS) coolant fluid from growth of aerobic and microaerophilic
water bacteria and unidentified gram-negative rods. This request was
granted because, without this use, the ISS would have no means
[[Page 80717]]
to control organisms in the IATCS since there are no registered
alternatives available that meet the required criteria. This emergency
request proposed a use of a new (unregistered) chemical and in
accordance with the requirements at 40 CFR 166.24(a)(1), a notice of
receipt published in the Federal Register on August 25, 2023, to allow
a public comment period that closed on September 11, 2023. The specific
exemption was authorized on September 29, 2023, and effective October
7, 2023 to October 7, 2024.
C. Annual Report of Crisis Exemptions Declared and Revoked
Three crisis exemptions were declared, and zero crisis exemptions
were revoked between October 1, 2022, and September 30, 2023.
Authority: 7 U.S.C. 136 et seq.
Dated: November 13, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-25602 Filed 11-17-23; 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.