

[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Notices]               
[Page 47016-47017]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au07-101]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-2006-0983; FRL-8143-7]

 
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 
granted during the period October 1, 2006 to December 31, 2006 to 
control unforeseen pest outbreaks.

FOR FURTHER INFORMATION CONTACT: See each emergency exemption or denial 
for the name of a contact person. The following information applies to 
all contact persons: Team Leader, Emergency Response Team, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-8179.

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. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions discussed above. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under 
docket identification (ID) number EPA-HQ-OPP-2006-0983. Publicly 
available docket materials are available either electronically at 
http://www.regulations.gov, or, if only available in hard copy, at the 

OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of 
this Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The Docket Facility telephone number 
is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the Federal Register 
listings at http://www.epa.gov/fedrgstr.


II. Background

    EPA has granted or denied emergency exemptions to 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, 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 a particular 
form of specific exemption 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 or denial, 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 and Denials

A. U. S. States and Territories

Arizona

Department of Agriculture
Specific Exemption:EPA authorized the use of coumaphos in beehives to 
control varroa mites and small hive beetles; November 6, 2006 to 
February 1, 2007. Contact: Stacey Groce.

California


[[Page 47017]]


Environmental Protection Agency, Department of Pesticide Regulation
Specific Exemptions: EPA authorized the use of thiophanate-methyl on 
mushroom to control green mold; October 26, 2006 to October 26, 2007. 
Contact: Andrea Conrath.
EPA authorized the use of thiabendazole on Brussels sprout, cabbage, 
and cauliflower to control black leg disease (Phoma lingam); November 
17, 2006 to November 17, 2007. Contact: Stacey Groce.

Colorado

Department of Agriculture
Specific Exemption:EPA authorized the use of clothianidin as a seed 
treatment on sugarbeet seeds to control beet leafhopper (beet curly top 
virus); December 19, 2006 to July 31, 2007. Contact: Stacey Groce.

Georgia

Department of Agriculture
Specific Exemption:EPA authorized the use of coumaphos in beehives on 
December 20, 2006 to control varroa mite and small hive beetle; 
Effective February 2, 2007 to February 1, 2008. Contact: Stacey Groce.
Denial: On November 21, 2006 EPA denied the use of pyridalyl on 
brassica leafy vegetables to control diamondback moths. This request 
was denied because available data indicate that pyridalyl is 
persistent, bioaccumulative, and toxic (PBT). The bioaccumulative 
potential for pyridalyl exceeds the parameters for EPA's models 
designed to assess bioaccumulation. Contact: Andrea Conrath.

Idaho

Department of Agriculture
Specific Exemption:EPA authorized the use of flufenacet, coformulated 
with metribuzin, on wheat to control Italian ryegrass or annual 
ryegrass (Lolium multiflorum); October 2, 2006 to December 31, 2006. 
Contact: Andrew Ertman.

Ohio

Department of Agriculture
Denial: On November 6, 2006 EPA denied the use of s-metolachlor on 
leafy greens and herbs to control common purslane and prostrate 
pigweed. This request was denied because the situation as described in 
the application does not meet the criteria for an emergency because the 
Agency was unable to identify the non-routine aspect of the weed 
problem on leafy greens and herbs in Ohio. Contact: Andrew Ertman.

Oregon

Department of Agriculture
Specific Exemptions:EPA authorized the use of flufenacet, co-formulated 
with metribuzin on wheat to control Italian ryegrass or annual 
ryegrass: (Lolium multiflorum); October 2, 2006 to December 31, 2006. 
Contact: Andrew Ertman.
EPA authorized the use of thiophanate-methyl on mushrooms to control 
green mold (Sclerotinia sclerotiorum); October 26, 2006 to October 26, 
2007. Contact: Andrea Conrath.
EPA authorized the use of clothianidin on sugar beets to control beet 
leafhopper; December 19, 2006 to July 31, 2007. Contact: Stacey Groce.

Texas

Department of Agriculture
Specific Exemption:EPA authorized the use of dinotefuran on brassica 
leafy green vegetables to control white flies; December 18, 2006 to 
April 30, 2007. Contact: Andrea Conrath.

Washington

Department of Agriculture
Specific Exemptions:EPA authorized the use of flufenacet co-formulated 
with metribuzin on wheat to control Italian ryegrass or annual ryegrass 
(Lolium multiflorum); October 2, 2006 to December 31, 2006. Contact: 
Andrew Ertman.EPA authorized the use of thiabendazole as a seed 
treatment on Brussels sprout, cabbage, and cauliflower seeds to control 
black leg disease (Phoma lingam); November 17, 2006 to November 17, 
2007. Contact: Stacey Groce.

Wisconsin

Department of Agriculture, Trade, and Consumer Protection
Specific Exemptions:EPA authorized the use of thymol in beehives to 
control varroa mites; October 4, 2006 to March 15, 2007. Contact: 
Stacey Groce.
EPA authorized the use of anthraquinone on corn seed to control (repel) 
sandhill cranes; on November 27, 2006. Effective January 31, 2007 to 
October 31, 2007. Contact: Marcel Howard.

Wyoming

Department of Agriculture
Specific Exemption:EPA authorized the use of clothianidin as a seed 
treatment on sugar beet seeds to control beet leafhopper (beet curly 
top virus); December 19, 2006 to July 31, 2007. Contact: Stacey Groce.

B. Federal Departments and Agencies

Interior Department

Public Health Exemption: EPA authorized the use of sodium hypochlorite 
on items potentially contaminated with Bacillus anthracis spores on 
reusable equipment such as respirators and other personal protective 
equipment, hard non porous surfaces, and wastewater, to inactivate 
potential contamination with anthrax spores; December 7, 2006 to March 
7, 2007. The Boca Building was closed by the Palm Beach County 
Department of Health on October 7, 2001 after two employees were 
admitted to the hospital with anthrax. The inside of the building was 
fumigated in July 2004, and an environmental clearance sampling was 
performed inside the building to verify the effectiveness of the 
contamination. Contact: Andrew Ertman.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: August 9, 2007.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-16562 Filed 8-21-07; 8:45 am]

BILLING CODE 6560-50-S
