
[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Notices]
[Pages 11086-11087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05664]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2019-0090; FRL-9990-83]


Potassium Chloride; Receipt of Application for Emergency 
Exemption, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received a quarantine exemption request from the 
Maryland Department of Agriculture to use the pesticide potassium 
chloride to treat Hyde's Quarry in Carroll County, Maryland, to control 
zebra mussels. The Applicant proposes the use of a new chemical which 
has not been registered by EPA as a pesticide. EPA is soliciting public 
comment before making the decision whether to grant the exemption.

DATES: Comments must be received on or before April 9, 2019.

ADDRESSES: Submit your comments, identified by docket identification 
(ID)

[[Page 11087]]

number EPA-HQ-OPP-2019-0090, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, 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).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at https://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the pesticide 
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    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. Maryland Department of 
Agriculture has requested the EPA Administrator to issue a quarantine 
exemption for the use of potassium chloride (CAS No. 7447-40-7) in 
Hyde's Quarry in Carroll County, Maryland, to control zebra 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 zebra mussels 
need to be eradicated in this body of water to prevent the 
establishment and spread of this aquatic invasive species. The mussels 
have a variety of detrimental environmental, economic, and recreational 
impacts. Without treatment it is likely that the mussels will establish 
a reproducing, self-sustaining population, which would, in turn, serve 
as another source population and possibly contribute to the infestation 
of other aquatic areas. The Applicant states that the requested 
chemical provides the best efficacy for the desired result with the 
best economic and environmental feasibility and least impact to human 
health and the environment.
    The Applicant proposes to treat Hyde's Quarry in Carroll County, 
Maryland, containing an estimated 110-115 million gallons of water. The 
Applicant proposes to use a 20% potassium chloride solution mixed from 
muriate of potash and water. Applications will be made from a boat 
using a specially designed diffuser assembly to obtain a quarry-wide 
concentration of 100 parts per million over a period of approximately 
14 days. This equates to approximately 8,140 gallons of stock solution 
introduced daily for the anticipated introduction of approximately 
114,000 gallons over the 14-day treatment period. It is anticipated 
that only one application will be made, but up to four may be made if 
needed.
    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 for use as a pesticide. The notice 
provides an opportunity for public comment on the application.
    The Agency will review and consider all comments received during 
the comment period in determining whether to issue the quarantine 
exemption requested by the Maryland Department of Agriculture.

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

    Dated: March 15, 2019.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2019-05664 Filed 3-22-19; 8:45 am]
 BILLING CODE 6560-50-P


