Notice2025-02422
Potassium Chloride (KCl); Receipt of Application for Emergency Exemption
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
February 10, 2025
Issuing agencies
Environmental Protection Agency
Abstract
EPA is announcing a quarantine exemption request from the Idaho State Department of Agriculture (ISDA) to use the pesticide potassium chloride (CAS No. 7440-09-7) to treat up to 1.26 acres to control Quagga mussels. The applicant proposes the use of a new chemical which has not been registered by EPA. Due to the urgent nature of the emergency and the very narrow and limited use being requested EPA has eliminated the public comment period. Nonetheless, interested parties may still contact the Agency with information about this notice and treatment program.
Full Text
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<title>Federal Register, Volume 90 Issue 26 (Monday, February 10, 2025)</title>
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[Federal Register Volume 90, Number 26 (Monday, February 10, 2025)]
[Notices]
[Page 9242]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02422]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2024-0634; FRL-12546-01-OCSPP]
Potassium Chloride (KCl); Receipt of Application for Emergency
Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA is announcing a quarantine exemption request from the
Idaho State Department of Agriculture (ISDA) to use the pesticide
potassium chloride (CAS No. 7440-09-7) to treat up to 1.26 acres to
control Quagga mussels. The applicant proposes the use of a new
chemical which has not been registered by EPA. Due to the urgent nature
of the emergency and the very narrow and limited use being requested
EPA has eliminated the public comment period. Nonetheless, interested
parties may still contact the Agency with information about this notice
and treatment program.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2024-0634, is available online at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional information about dockets
generally, is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
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) 566-2875; email address:
<a href="/cdn-cgi/l/email-protection#e4b6a0a2b6aa8b908d878197a4819485ca838b92"><span class="__cf_email__" data-cfemail="c69482809488a9b2afa5a3b586a3b6a7e8a1a9b0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
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
proposed action to a particular entity, consult the person listed under
FOR FURTHER INFORMATION CONTACT.
B. What is EPA's authority for taking this action?
Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the EPA Administrator determines that emergency
conditions exist which require the exemption. EPA implementing
regulations are set forth in 40 CFR part 166.
C. What action is the Agency taking?
EPA is announcing receipt of a request submitted to EPA under FIFRA
section 18. This notice does not constitute a decision by EPA on the
application itself. The regulations governing FIFRA section 18 require
publication of a notice of receipt of an application for a quarantine
exemption proposing use of a new chemical (i.e., an active ingredient)
which has not been registered by EPA.
II. Summary of the Request Received
The ISDA has requested that EPA issue a quarantine exemption for
the use of potassium chloride in ponds and pools to control Quagga
mussels. Information in accordance with 40 CFR part 166 was submitted
as part of this request.
As part of this request, the applicant asserts that the current
alternatives are considered to be less desirable because of
environmental concerns, technical infeasibility, logistics, and
expense. Quagga mussels are a non-native, invasive species found in
sections of the Middle Snake River that can bioaccumulate pollutants
and toxins 300,000 times greater than concentrations in the
environment. These pollutants are found in their pseudofeces, which can
be passed up the food chain, therefore increasing wildlife exposure to
organic pollutants. Even though quaggas are prodigious water filterers,
they remove substantial amounts of phytoplankton and suspended
particulate from the water. By removing the phytoplankton, quaggas in
turn decrease the food source for zooplankton, therefore altering the
food web. Quaggas can also clog water intake structures, such as pipes
and screens, therefore reducing pumping capabilities for power and
water treatment plants, costing industries, companies, and communities.
The Applicant proposes to use no more than 18,590 lbs. of the
unregistered product, MOP, potassium chloride, the soluble muriated KCl
mixture formula, on 1.26 acres of ponds, pools and potholes distributed
between 51 different ephemeral ponds, pools and potholes within the
Middle Snake River and adjoining areas in Twin Falls, Jerome and
surrounding counties in Idaho where it is to be used.
As noted above, the Agency is eliminating the comment period due to
the urgent nature of the emergency situation and the very narrow and
limited use being requested. Nonetheless, interested parties may still
contact the Agency with information about this notice and treatment
program through the email address under FOR FURTHER INFORMATION
CONTACT.
Authority: 7 U.S.C. 136 et seq.
Dated: February 5, 2025.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2025-02422 Filed 2-7-25; 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.