Notice2024-29019
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 11, 2024
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, 2024, to September 30, 2024, to control unforeseen pest outbreaks.
Full Text
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<title>Federal Register, Volume 89 Issue 238 (Wednesday, December 11, 2024)</title>
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[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Notices]
[Pages 99859-99862]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29019]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2024-0007; FRL-12450-01-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, 2024, to September 30, 2024, 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#44160002160a2b302d272137042134256a232b32"><span class="__cf_email__" data-cfemail="d98b9d9f8b97b6adb0babcaa99bca9b8f7beb6af">[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).
[[Page 99860]]
<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-2024-0007, 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 or denied emergency exemptions to the following
State and Federal agencies. The emergency exemptions may take the
following form: specific, quarantine, public health, or crisis.
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
American Samoa
Environmental Protection Agency
Public health exemption: EPA authorized the use of 95,000 units of
the unregistered product, Guardian, a hanging polyester mesh emanator
that passively releases TRANSFLUTHRIN in communities to protect
residents from mosquitoes that may transmit the dengue virus. This
authorization was effective July 9, 2024, to July 9, 2025.
Arkansas
Department of Agriculture
Crisis Exemption: EPA concurred upon a crisis exemption declared by
the Arkansas Department of Agriculture for the use of methoxyfenozide
on rice to control fall armyworms. The authorization was effective July
11, 2024.
Specific Exemption: EPA authorized the use of methoxyfenozide on a
maximum of 250,000 acres of rice to control fall armyworms. Permanent
tolerances in connection with a previous action are established in 40
CFR 180.544 to support this emergency use. The authorization was
effective September 4, 2024, to September 30, 2024
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 on field-grown strawberries to control lygus bugs. The
authorization was effective May 20, 2024.
Specific Exemption: EPA authorized the use of afidopyropen on a
maximum of 17,000 acres of field-grown strawberries to control lygus
bugs. A time-limited tolerance supports this emergency use and is
established in 40 CFR 180.700(b). The authorization was effective June
13, 2024, to October 31, 2024.
Colorado
Department of Agriculture
Specific Exemption: On September 12, 2024, EPA denied a specific
exemption request for use of the unregistered product MAGNET,
containing the unregistered active ingredients alpha-pinene, anisyl
alcohol, butyl salicylate, cineole (eucalyptol), and phenylacetaldehyde
as well as the registered active ingredient d-limonene on up to 1,400
acres of sweet corn as an insect attractant to manage corn earworm.
Because an unregistered pesticide was requested, a Notice of Receipt,
with opportunity for public comment (required by 40 CFR 166.24),
published in the Federal Register on June 7, 2024 (89 FR 48610) (FRL-
11998-01-OCSPP). The public comment period closed on June 24, 2024. EPA
received two comments, one negative comment was submitted anonymously
concerning potential risk and one from a federal government stakeholder
supported allowing the use.
Florida
Department of Agriculture and Consumer Services
Specific Exemption: EPA authorized the use of clothianidin on a
maximum of 75,000 acres of immature (3 to 5 years old) citrus trees to
control the Asian citrus psyllid, the vector of huanglongbing (HLB, or
citrus greening) disease. A time-limited tolerance in connection with
this action supports this emergency use and is established in 40 CFR
180.586(b). Because the applicant proposed a use that has been
requested in 5 or more previous years, a Notice of Receipt, with
opportunity for public comment in accordance with the requirements at
40 CFR 166.24(a)(7)(i), published in the Federal Register on December
29, 2023 (88 FR 80717) FRL-11634-01-OCSPP). The public comment period
closed on January 16, 2024. Two public comments were received: one from
a nongovernmental organization that included substantive supporting
material objected to the use and the other from a federal government
stakeholder supported the use. EPA posted a document addressing the
comments in response to the NOR to the docket, as well as EPA's
evaluations associated with the use, which may be accessed at https://
[[Page 99861]]
www.regulations.gov/docket/EPA-HQ-OPP-2023-0597. The authorization was
effective April 16, 2024, to April 16, 2025
Hawaii
Department of Agriculture
Crisis Exemption: EPA concurred upon a crisis exemption declared by
the Hawaii Department of Agriculture for the use of cypermethrin on the
crowns of ornamental palm trees to control coconut rhinoceros beetles.
This authorization was effective November 13, 2023.
Specific Exemption: EPA authorized the use of the unregistered
product, DQB Males (Wolbachia pipientis DQB strain (wAlbB) contained in
live adult male Culex quinquefasciatus mosquitoes) on a maximum of
20,000 acres of State, Federal, and private lands to control mosquitoes
(Cx. quinquefasciatus). Because the applicant proposed a use of a new
chemical, a Notice of Receipt, with opportunity for public comment in
accordance with the requirements at 40 CFR 166.24(a)(1), published in
the Federal Register on February 8, 2024 (89 FR 8675) (FRL-11721-01-
OCSPP). The public comment period closed on February 23, 2024. Eighty-
seven public comments were received. EPA posted a document addressing
the comments in response to the NOR to the docket, as well as EPA's
evaluations associated with the use, which may be accessed at <a href="https://www.regulations.gov/docket/EPA-HQ-OPP-2024-0035">https://www.regulations.gov/docket/EPA-HQ-OPP-2024-0035</a>. The authorization was
effective April 25, 2024, to April 25, 2025.
Quarantine Exemption: EPA authorized the use of cypermethrin on a
maximum of 10,000 acres of ornamental palm trees, applied on the crowns
via unmanned aerial vehicles, to control coconut rhinoceros beetles.
The authorization was effective April 22, 2024, to April 22, 2027.
Louisiana
Department of Agriculture and Forestry
Crisis Exemption: EPA concurred upon a crisis exemption declared by
the Louisiana Department of Agriculture and Forestry for the use of
methoxyfenozide on rice to control fall armyworms. The authorization
was effective July 16, 2024.
Specific Exemption: EPA authorized the use of methoxyfenozide on a
maximum of 40,000 acres of rice to control fall armyworms. Permanent
tolerances in connection with a previous action are established in 40
CFR 180.544 to support this emergency use. The authorization was
effective September 4, 2024, to September 30, 2024.
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., water hemp, and Palmer amaranth.
Time-limited tolerances in connection with a previous action support
this emergency use and are established in 40 CFR 180.383(b). The
authorization was effective May 1, 2024, to July 31, 2024.
Minnesota
Department of Agriculture
Specific Exemption: EPA authorized the use of acifluorfen on a
maximum of 65,000 acres of sugar beets for postemergence control of
glyphosate-resistant water hemp. Time-limited tolerances in connection
with a previous action support this emergency use and are established
in 40 CFR 180.383(b). The authorization was effective May 20, 2024, to
July 31, 2024.
Mississippi
Department of Agriculture and Commerce
Crisis Exemption: EPA concurred upon a crisis exemption declared by
the Mississippi Department of Agriculture and Commerce for the use of
methoxyfenozide on rice to control fall armyworms. The authorization
was effective July 11, 2024.
Specific Exemption: EPA authorized the use of methoxyfenozide on a
maximum of 60,000 acres of rice to control fall armyworms. Permanent
tolerances in connection with a previous action are established in 40
CFR 180.544 to support this emergency use. The authorization was
effective September 4, 2024, to September 30, 2024.
Missouri
Department of Agriculture
Crisis Exemption: EPA concurred upon a crisis exemption declared by
the Missouri Department of Agriculture for the use of methoxyfenozide
on rice to control fall armyworms. The authorization was effective July
18, 2024.
Specific Exemption: EPA authorized the use of methoxyfenozide on a
maximum of 60,000 acres of rice to control fall armyworms. Permanent
tolerances in connection with a previous action are established in 40
CFR 180.544 to support this emergency use. The authorization was
effective September 4, 2024, to September 30, 2024.
North Dakota
Department of Agriculture
Specific Exemption: EPA authorized the use of acifluorfen on a
maximum of 20,000 acres of sugar beets for postemergence control of
glyphosate resistant water hemp. Time-limited tolerances in connection
with a previous action support this emergency use and are established
in 40 CFR 180.383(b). The authorization was effective May 27, 2024, to
July 31, 2024.
Puerto Rico
Department of Agriculture
Public Health Exemption: EPA authorized the use of 750,000 units of
the unregistered product, Guardian, a hanging polyester mesh emanator
that passively releases TRANSFLUTHRIN in communities to protect
residents from mosquitoes that may transmit the dengue virus. This
authorization was effective June 20, 2024, to June 20, 2025.
B. Federal Departments and Agencies
United States Department of Agriculture
Animal and Plant Health Inspection Service
Quarantine Exemptions: EPA authorized the use of acetic acid
(vinegar) on hard nonporous surfaces to control African swine fever
virus. The authorization was effective June 10, 2024, to June 10, 2027.
EPA authorized the use of sodium hypochlorite on porous and
nonporous, nonfood/feed contact surfaces to control foot-and mouth
disease virus (FMDv), African swine fever virus (ASFv), and classical
swine fever virus (CSFv). The authorization was effective September 17,
2024, to September 17, 2027.
EPA authorized the use of sodium hydroxide on hard, nonporous,
nonfood/feed contact surfaces to control prions. The authorization was
effective September 25, 2024, to September 25, 2027.
EPA authorized the use of sodium hypochlorite on hard, nonporous,
nonfood/feed contact surfaces to control prions. The authorization was
effective September 25, 2024, to September 25, 2027.
C. Annual Report of Crisis Exemptions Declared and Revoked
Seven crisis exemptions were declared, and none were revoked
between November 6, 2023, to July 18, 2024.
[[Page 99862]]
Authority: 7 U.S.C. 136 et seq.
Dated: December 5, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-29019 Filed 12-10-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on December 11, 2024.
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.