Notice2025-11593
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
June 24, 2025
Issuing agencies
Environmental Protection Agency
Abstract
EPA has granted or denied emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions or denials were issued during the period from October 1, 2024, to March 31, 2025, to control unforeseen pest outbreaks.
Full Text
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<title>Federal Register, Volume 90 Issue 119 (Tuesday, June 24, 2025)</title>
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[Federal Register Volume 90, Number 119 (Tuesday, June 24, 2025)]
[Notices]
[Pages 26810-26812]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11593]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2025-0007; FRL-12811-01-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 or denied emergency exemptions under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of
pesticides as listed in this notice. The exemptions or denials were
issued during the period from October 1, 2024, to March 31, 2025, to
control unforeseen pest outbreaks.
FOR FURTHER INFORMATION CONTACT: Charles Smith, 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#61332527332f0e1508020412210411004f060e17"><span class="__cf_email__" data-cfemail="5f0d1b190d11302b363c3a2c1f3a2f3e71383029">[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.
<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 these
actions 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-2025-0007, 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.
II. Background
EPA has granted or denied emergency exemption requests from the
following State and Federal agencies. The emergency exemptions may take
the following form: Crisis, public health, quarantine, or specific. EPA
has also listed denied emergency exemption requests in this notice.
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:
[[Page 26811]]
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 issued
the exemption or denial, the type of exemption, the pesticide
authorized or requested, the pests, the crop or use for which
authorized or denied, number of acres (if applicable), and the duration
of the exemption if authorized. EPA also provides the Code of Federal
Regulations citation for the time-limited tolerance, if any.
III. Emergency Exemptions and Denials
A. U.S. States and Territories
California, Department of Pesticide Regulation
Specific exemptions: EPA authorized the use of kasugamycin on a
maximum of 107,143 acres of almond trees to control bacterial blast. A
time-limited tolerance in connection with a past action has been
established in 40 CFR 180.614(b). The specific exemption was authorized
on January 16, 2025, and use took place from February 1, 2025, through
April 15, 2025.
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 in connection with a past action has been established in 40
CFR 180.700(b). The authorization is effective March 6, 2025, through
November 30, 2025.
Colorado, Department of Agriculture
Denial: On November 27, 2024, EPA denied a specific exemption
request for use of the unregistered product Insterus\HZ\, comprised of
sterile corn earworm moths infected with an isolate of the insect
virus, the Helicoverpa zea nudivirus 2 (HzNV2) for management of corn
earworm on up to 1,750 acres of sweet corn in Colorado. Because an
unregistered pesticide was requested, a Notice of Receipt (NOR) with
opportunity for public comment (required by 40 CFR 166.24), published
in the Federal Register on June 18, 2024 (89 FR 51523) (FRL-11995-01-
OCSPP). The public comment period closed on July 3, 2024. Six comments
were submitted, all in favor of allowing the use. Because the requested
product was unregistered, and related data not yet evaluated, EPA was
unable to make a determination with regard to potential risks to human
health or the environment from exposure to Helicoverpa zea nudivirus 2
(HzNV2) and therefore denied the exemption request.
Specific exemption: EPA authorized the use of metamitron on a
maximum of 22,468 acres of sugar beets for pre-emergence control of the
invasive Amaranthus (pigweed) spp., Palmer amaranth. Because an
unregistered pesticide was requested, an NOR with opportunity for
public comment (required by 40 CFR 166.24), published in the Federal
Register on October 25, 2024 (89 FR 85200) (FRL-12347-01-OCSPP). The
public comment period closed on November 12, 2024. Eleven public
comments were received: ten in favor and one objecting to the use. EPA
posted a document addressing the comments to the docket for the NOR, as
well as EPA's evaluations and risk assessments associated with the use,
which may be accessed at <a href="https://www.regulations.gov/docket/EPA-HQ-OPP-2024-0463">https://www.regulations.gov/docket/EPA-HQ-OPP-2024-0463</a>. EPA authorized the emergency exemption for this use after
determining that the use would not result in any risks of concern to
human health or the environment, and concluding that an urgent,
nonroutine situation existed with significant economic losses expected
without the use. A time-limited tolerance in connection with a past
action was established in 40 CFR 180.726(b). The specific exemption was
authorized on December 17, 2024, and was authorized to take place from
March 30, 2025, through June 15, 2025.
Hawaii, Department of Agriculture
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, an NOR with opportunity for public comment in accordance with
the requirements at 40 CFR 166.24(a)(1), published in the Federal
Register on December 26, 2024 (89 FR 105039) (FRL-12509-01-OCSPP). The
public comment period closed on January 10, 2025. There were no public
comments received. The specific exemption was authorized March 13,
2025, and use may take place from April 25, 2025, through April 25,
2026.
Idaho, Department of Agriculture
Specific exemption: EPA authorized the use of metamitron on a
maximum of 14,400 acres of sugar beets for pre-emergence control of the
invasive Amaranthus (pigweed) spp., Palmer amaranth. Because an
unregistered pesticide was requested, an NOR with opportunity for
public comment (required by 40 CFR 166.24), published in the Federal
Register on October 25, 2024 (89 FR 85200) (FRL-12347-01-OCSPP). The
public comment period closed on November 12, 2024. Eleven public
comments were received: ten in favor and one objecting to the use. EPA
posted a document addressing the comments to the docket for the NOR, as
well as EPA's evaluations and risk assessments associated with the use,
which may be accessed at <a href="https://www.regulations.gov/docket/EPA-HQ-OPP-2024-0463">https://www.regulations.gov/docket/EPA-HQ-OPP-2024-0463</a>. EPA authorized the emergency exemption for this use after
determining that the use would not result in any risks of concern to
human health or the environment, and concluding that an urgent,
nonroutine situation existed with significant economic losses expected
without the use. A time-limited tolerance in connection with a past
action was established in 40 CFR 180.726(b). The specific exemption was
authorized on December 17, 2024, and was authorized to take place from
March 30, 2025, through June 15, 2025.
Quarantine exemption: EPA authorized the use of potassium chloride
in 51 designated ponds and pools around the Middle Snake River to
eradicate invasive quagga mussels. Because an unregistered pesticide
was requested, an NOR published in the Federal Register on February 10,
2025 (90 FR 9242) (FRL-12546-01-OSCPP). The public comment period was
waived for this NOR due to the urgency of need
[[Page 26812]]
for the use. Therefore, no public comments were received. The
authorization for this use is effective February 13, 2025, through
February 13, 2028.
Massachusetts, Department of Agricultural Resources
Specific exemption: EPA authorized the use of pronamide (also known
as propyzamide) 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 specific exemption was authorized
on March 12, 2025, and use may take place from April 15, 2025, through
June 30, 2025.
Nebraska, Department of Agriculture
Specific exemption: EPA authorized the use of metamitron on a
maximum of 47,025 acres of sugar beets for pre-emergence control of the
invasive Amaranthus (pigweed) spp., Palmer amaranth. Because an
unregistered pesticide was requested, an NOR with opportunity for
public comment (required by 40 CFR 166.24), published in the Federal
Register on October 25, 2024 (89 FR 85200) (FRL-12347-01-OCSPP). The
public comment period closed on November 12, 2024. Eleven public
comments were received: ten in favor and one objecting to the use. EPA
posted a document addressing the comments to the docket for the NOR, as
well as EPA's evaluations and risk assessments associated with the use,
which may be accessed at <a href="https://www.regulations.gov/docket/EPA-HQ-OPP-2024-0463">https://www.regulations.gov/docket/EPA-HQ-OPP-2024-0463</a>. EPA authorized the emergency exemption for this use after
determining that the use would not result in any risks of concern to
human health or the environment, and concluding that an urgent,
nonroutine situation existed with significant economic losses expected
without the use. A time-limited tolerance in connection with a past
action was established in 40 CFR 180.726(b). The specific exemption was
authorized on December 17, 2024, and was authorized to take place from
March 30, 2025, through June 15, 2025.
Oregon, Department of Agriculture
Specific exemption: EPA authorized the use of metamitron on a
maximum of 1,629 acres of sugar beets for pre-emergence control of the
invasive Amaranthus (pigweed) spp., Palmer amaranth. Because an
unregistered pesticide was requested, an NOR with opportunity for
public comment (required by 40 CFR 166.24), published in the Federal
Register on October 25, 2024 (89 FR 85200) (FRL-12347-01-OCSPP). The
public comment period closed on November 12, 2024. Eleven public
comments were received: ten in favor and one objecting to the use. EPA
posted a document addressing the comments to the docket for the NOR, as
well as EPA's evaluations and risk assessments associated with the use,
which may be accessed at <a href="https://www.regulations.gov/docket/EPA-HQ-OPP-2024-0463">https://www.regulations.gov/docket/EPA-HQ-OPP-2024-0463</a>. EPA authorized the emergency exemption for this use after
determining that the use would not result in any risks of concern to
human health or the environment, and concluding that an urgent,
nonroutine situation existed with significant economic losses expected
without the use. A time-limited tolerance in connection with a past
action was established in 40 CFR 180.726(b). The specific exemption was
authorized on December 17, 2024, and was authorized to take place from
March 30, 2025, through June 15, 2025.
Wyoming, Department of Agriculture
Specific exemption: EPA authorized the use of metamitron on a
maximum of 31,380 acres of sugar beets for pre-emergence control of the
invasive Amaranthus (pigweed) spp., Palmer amaranth. Because an
unregistered pesticide was requested, an NOR with opportunity for
public comment (required by 40 CFR 166.24), published in the Federal
Register on October 25, 2024 (89 FR 85200) (FRL-12347-01-OCSPP). The
public comment period closed on November 12, 2024. Eleven public
comments were received: ten in favor and one objecting to the use. EPA
posted a document addressing the comments to the docket for the NOR, as
well as EPA's evaluations and risk assessments associated with the use,
which may be accessed at <a href="https://www.regulations.gov/docket/EPA-HQ-OPP-2024-0463">https://www.regulations.gov/docket/EPA-HQ-OPP-2024-0463</a>. EPA authorized the emergency exemption for this use after
determining that the use would not result in any risks of concern to
human health or the environment, and concluding that an urgent,
nonroutine situation existed with significant economic losses expected
without the use. A time-limited tolerance in connection with a past
action was established in 40 CFR 180.726(b). The specific exemption was
authorized on December 17, 2024, and was authorized to take place from
March 30, 2025, through June 15, 2025.
B. Federal Departments and Agencies
Agriculture Department: Animal and Plant Health Inspector Service
Quarantine exemptions: EPA authorized the use of citric acid for
disinfection of hard porous and nonporous surfaces potentially
contaminated with Foot-and-Mouth Disease Virus, African Swine Fever
Virus, Highly Pathogenic Avian Flu Influenza Virus, and Low Pathogenic
Avian Influenza Virus. The authorization for this use is effective
March 20, 2025, through March 20, 2028.
EPA authorized the use of a mixture of potassium peroxymonosulfate
and propylene glycol for disinfection of nonporous surfaces potentially
contaminated with highly pathogenic avian influenza virus. The
authorization for this use is effective March 26, 2025, through March
26, 2028.
National Aeronautics and Space Administration
Specific exemption: EPA authorized the use of the pesticide ortho-
phthaldehyde, incorporated into a porous resin, to treat the coolant
fluid of the internal active thermal control system of the
International Space Station to control aerobic/microaerophilic bacteria
in the aqueous coolant. Because the applicant proposed the use of a new
chemical that has not been registered by EPA, an NOR with opportunity
for public comment in accordance with the requirements at 40 CFR
166.24(a)(1), published in the Federal Register on September 3, 2024
(89 FR 71268) (FRL-12210-01-OCSPP). The public comment period closed on
September 18, 2024, and no public comments were received. This docket
may be accessed at <a href="https://www.regulations.gov/document/EPA-HQ-OPP-2024-0406-0001">https://www.regulations.gov/document/EPA-HQ-OPP-2024-0406-0001</a>. The specific exemption was authorized on October 1,
2025, and use may take place October 7, 2024, through October 7, 2025.
Authority: 7 U.S.C. 136 et seq.
Dated: June 18, 2025.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2025-11593 Filed 6-23-25; 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.