
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60669-60671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25568]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0301; FRL-9933-51]


Pesticide Emergency Exemptions; Agency Decisions and State and 
Federal Agency Crisis Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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 April 1, 2015 to June 30, 2015 to control 
unforeseen pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: RDFRNotices@epa.gov.

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:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed at the end of 
the emergency exemption or denial.

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-2015-0301 is available at http://www.regulations.gov 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 is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

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 (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.

[[Page 60670]]

    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 infants and children to residues of the pesticide.
    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 and the pests, the crop or use for which authorized, 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

Arkansas
State Plant Board
    Specific exemption: EPA authorized the use of anthraquinone on rice 
seed to repel blackbirds and reduce damage to seedlings; April 1, 2015 
to June 15, 2015.
California
Department of Environmental Protection
    Crisis exemption: On June 25, 2015 the California Department of 
Environmental Protection declared a crisis for the use of Aspergillus 
Flavus AF36 on figs to reduce aflatoxin-producing fungi on dried figs.
    Specific Exemption: EPA authorized the use of etofenprox in 
mushroom cultivation to control phorid and sciarid flies; April 27, 
2015 to April 27, 2016.
Connecticut
Department of Energy and Environmental Protection
    Specific exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 2, 2015 to 
December 31, 2015.
Delaware
Department of Agriculture
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; April 6, 
2015 to October 15, 2015.
    EPA authorized the use of potassium salt of hop beta acids in 
beehives to control varroa mite; May 4, 2015 to December 31, 2015.
Delaware
Department of Health and Social Services
    Crisis exemptions: On June 11, 2015 the Delaware Department of 
Health and Social Services declared crisis exemptions for the use of 
ethylene oxide, formaldehyde, hydrogen peroxide, paracetic acid, and 
sodium hypochlorite to inactivate Bacillus anthracis (anthrax) spores 
in laboratories that processed samples originating from Dugway Proving 
Ground potentially containing viable anthrax spores.
Florida
Department of Agriculture and Consumer Services
    Quarantine Exemption: EPA authorized the use of naled in a bait 
treatment to eradicate non-native and invasive Tephritid fruit flies 
which are responsive to the attractant, methyl eugenol; June 4, 2015 to 
June 4, 2016.
Georgia
Department of Agriculture
    Denial: On April 15, 2015 EPA denied the use of a pesticide product 
containing the active ingredient terbufos on cotton to control plant 
parasitic nematodes. This request was denied because the Agency was 
unable to conclude that the proposed pesticide use is likely to result 
in ``a reasonable certainty of no harm'' to human health, including 
exposure of infants and children to residues of the pesticide as 
required under the Food Quality Protection Act (FQPA).
Idaho
Department of Agriculture
    Crisis exemption: On March 6, 2015 the Idaho Department of 
Agriculture declared a crisis for the use of thiabendazole on succulent 
pea seeds to suppress seed-borne Ascochyta blight and protect against 
Fusarium root rot.
    Specific Exemption: EPA authorized the use of hexythiazox on sugar 
beets for control of spider mites; May 1, 2015 to September 30, 2015.
Kansas
Department of Agriculture
    Specific exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 13, 2015 to 
December 31, 2015.
Maryland
Department of Agriculture
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; April 6, 
2015 to October 15, 2015.
Maine
Department of Agriculture, Conservation and Forestry
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; May 4, 2015 to December 
31, 2015.
Michigan
Department of Agriculture and Rural Development
    Crisis exemption: On April 14, 2015 the Michigan Department of 
Agriculture and Rural Development declared a crisis for the use of 
fluensulfone to control plant-parasitic nematodes in carrot fields.
    On June 9, 2015 the Michigan Department of Agriculture and Rural 
Development declared a crisis for the use of fluopicolide on hops to 
control downy mildew.
Minnesota
Department of Agriculture
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; May 22, 2015 to December 
31, 2015.
New York
Department of Environmental Conservation
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 29, 2015 to 
December 31, 2015.
North Carolina
Department of Agriculture and Consumer Services
    Denial: On April 15, 2015 EPA denied the use of a pesticide product 
containing the active ingredient terbufos on cotton to control plant 
parasitic nematodes. This request was denied because the Agency was 
unable to conclude that the proposed pesticide use is likely to result 
in ``a reasonable certainty of no harm'' to human health, including 
exposure of infants and children to residues of the pesticide as 
required under the Food Quality Protection Act (FQPA).
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; May 7, 
2015 to October 15, 2015.

[[Page 60671]]

Oregon
Department of Agriculture
    Specific Exemption: EPA authorized the use of hexythiazox on sugar 
beets for control of spider mites; May 1, 2015 to September 30, 2015.
Pennsylvania
Department of Agriculture
    Specific Exemptions: EPA authorized the use of thiabendazole in 
mushroom cultivation to control Trichoderma green mold; March 26, 2015 
to March 26, 2016.
    EPA authorized the use of etofenprox in mushroom cultivation to 
control phorid and sciarid flies; April 27, 2015 to April 27, 2016.
    EPA authorized the use of bifenthrin on apple, peach, and nectarine 
to control the brown marmorated stinkbug; May 7, 2015 to October 15, 
2015.
South Carolina
Department of Pesticide Regulation
    Denial: On April 15, 2015 EPA denied the use of a pesticide product 
containing the active ingredient terbufos on cotton to control plant 
parasitic nematodes. This request was denied because the Agency was 
unable to conclude that the proposed pesticide use is likely to result 
in ``a reasonable certainty of no harm'' to human health, including 
exposure of infants and children to residues of the pesticide as 
required under the Food Quality Protection Act (FQPA).
Tennessee
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphid; June 8, 2015 to November 30, 2015.
Texas
Department of Agriculture
    Denial: On April 15, 2015 EPA denied the use of a pesticide product 
containing the active ingredient terbufos on cotton to control plant 
parasitic nematodes. This request was denied because the Agency was 
unable to conclude that the proposed pesticide use is likely to result 
in ``a reasonable certainty of no harm'' to human health, including 
exposure of infants and children to residues of the pesticide as 
required under the Food Quality Protection Act (FQPA).
Texas
Department of State Health Services
    Crisis exemptions: On June 8, 2015 the Texas Department of State 
Health Services declared crisis exemptions for the use of ethylene 
oxide, formaldehyde, hydrogen peroxide, paracetic acid, and sodium 
hypochlorite to inactivate Bacillus anthracis (anthrax) spores in 
laboratories that processed samples originating from Dugway Proving 
Ground potentially containing viable anthrax spores.
Utah
Department of Agriculture and Food
    Crisis exemption: On June 19, 2015 the Utah Department of 
Agriculture and Food declared crisis exemptions for the use of sodium 
hypochlorite to inactivate Bacillus anthracis (anthrax) spores in 
laboratories that processed samples originating from Dugway Proving 
Ground potentially containing viable anthrax spores.
Virginia
Department of Agriculture and Consumer Services
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; April 6, 
2015 to October 15, 2015.
Washington
Department of Agriculture
    Specific Exemption: EPA authorized the use of lambda-cyhalothrin on 
asparagus for control of the European asparagus aphid; June 17, 2015 to 
October 30, 2015.
West Virginia
Department of Agriculture
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; May 7, 
2015 to October 15, 2015.
Wisconsin
Department of Health Services
    Crisis exemptions: On June 12, 2015 the Wisconsin Department of 
Health Services declared crisis exemptions for the use of ethylene 
oxide, formaldehyde, hydrogen peroxide, paracetic acid, and sodium 
hypochlorite to inactivate Bacillus anthracis (anthrax) spores in 
laboratories that processed samples originating from Dugway Proving 
Ground potentially containing viable anthrax spores.
Wyoming
Department of Agriculture
    Specific Exemption: EPA authorized the use of diflubenzuron on 
alfalfa for control of grasshoppers and Mormon crickets; April 14, 2015 
to October 31, 2015.

B. Federal Departments and Agencies

Environmental Protection Agency
Office of Emergency Management
    Quarantine Exemptions: EPA authorized the uses of ethylene oxide, 
formaldehyde, hydrogen peroxide, paracetic acid, and sodium 
hypochlorite for use in contaminated buildings for decontamination from 
anthrax spores. These exemptions were authorized for the purposes of 
emergency preparedness so the necessary materials are allowed and 
available to be used in the event of an anthrax contamination, either 
deliberate or accidental. June 4, 2015 to June 4, 2018.

    Authority: 7 U.S.C. 136 et seq.

    Dated: September 16, 2016.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-25568 Filed 10-6-15; 8:45 a.m.]
 BILLING CODE 6560-50-P


