[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47744-47748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16646]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0624; FRL-10087-01-OCSPP]


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

AGENCY: Environmental Protection Agency (EPA).

[[Page 47745]]


ACTION: Notice.

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SUMMARY: EPA has granted emergency exemptions under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of 
pesticides as listed in this notice. The exemptions were granted during 
the period July 1, 2021, to June 30, 2022, to control unforeseen pest 
outbreaks.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, 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: 
[email protected].

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.

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-2022-0624, is available at https://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 and the OPP Docket is (202) 566-1744. Please review the 
visitor instructions and additional information about the docket 
available at https://www.epa.gov/dockets.

II. Background

    EPA has granted emergency exemptions to the following State and 
Federal agencies. The emergency exemptions may take the following form: 
Crisis, public health, quarantine, or specific.
    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 for a specific crop/site on a limited acreage, or other 
unit for treatment (e.g., square footage, cartons of produce 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 
requested less frequently than specific exemptions.
    3. A ``crisis exemption'' is initiated by a State or Federal agency 
(and is concurred upon by EPA) when there is insufficient time to 
request and obtain EPA permission for emergency use of a pesticide 
under one of the other types of emergency exemptions.
    EPA may deny an emergency exemption request: 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 
granted the exemption, the type of exemption, the pesticide authorized, 
the pests, the crop or use for which authorized, number of acres or 
other unit for treatment (if applicable), and the effective date of the 
exemption. EPA also gives the Federal Register citation for the time-
limited tolerance, if any, and notes when a Notice of Receipt (if 
required under 40 CFR 166.24) was published in the Federal Register.

III. Emergency Exemptions

A. U.S. States and Territories

Alabama
Department of Agriculture and Industries
    Specific exemption: EPA authorized the use of fluridone on a 
maximum of 10,000 acres of peanut to control herbicide-resistant Palmer 
amaranth. Time-limited tolerances in connection with a previous action 
support this emergency use and are established in 40 CFR 180.420(b). 
The authorization was effective April 15, 2022.
Arkansas
Department of Agriculture
    Crisis exemptions: EPA concurred upon a crisis exemption declared 
by the Arkansas Department of Agriculture for the use of 
methoxyfenozide to control fall armyworm in rice. Time-limited 
tolerances in connection with a previous action support this use and 
are established in 40 CFR 180.544(b). The crisis exemption was 
effective July 28, 2021.
    EPA concurred upon a crisis exemption declared by the Arkansas 
Department of Agriculture for the use of thiamethoxam to control severe 
infestations of rice stinkbug. Time-limited tolerances in connection 
with a previous action support this use and are established in 40 CFR 
180.565(b). The crisis exemption was effective August 13, 2021.
    Specific exemptions: EPA authorized the use of methoxyfenozide on a 
maximum of 250,000 acres of rice to control fall armyworm. Time-limited 
tolerances in connection with a previous action support this emergency 
use and are established in 40 CFR 180.544(b). The authorization was 
effective September 29, 2021.
    EPA authorized the use of thiamethoxam on a maximum of 300,000 
acres of rice to control rice stink bug. Time-limited tolerances in 
connection with a previous action support this emergency use and are 
established in 40 CFR 180.565(b). The authorization was effective 
October 15, 2021.
    EPA authorized the use of fluridone on a maximum of 5,000 acres of 
peanut to control herbicide-resistant Palmer amaranth. Time-limited 
tolerances in connection with a previous action support this emergency 
use and are established in 40 CFR 180.420(b). The authorization was 
effective April 15, 2022.

[[Page 47746]]

California
Department of Pesticide Regulation
    Specific exemptions: EPA authorized the use of kasugamycin on a 
maximum of 100,000 acres of almond trees to control bacterial blast. 
Time-limited tolerances in connection with a previous action support 
this emergency use and are established in 40 CFR 180.614(b). The 
authorization was effective February 1, 2022.
    EPA authorized the use of methoxyfenozide on a maximum of 102,000 
acres of rice to control armyworm and Western Yellowstriped Armyworm. 
Time-limited tolerances in connection with a previous action support 
this emergency use and are established in 40 CFR 180.544(b). The 
authorization was effective May 1, 2022.
Georgia
Department of Agriculture
    Public Health Exemption: EPA authorized the use of triethylene 
glycol formulated as Grignard Pure, an unregistered product for air 
treatment in indoor spaces, (occupied and unoccupied) to help control 
the spread of Severe Acute Respiratory Syndrome Coronavirus 2 or SARS-
CoV-2. The authorization was effective February 15, 2022.
Hawaii
Department of Agriculture
    Specific exemption: EPA authorized the use of fluxapyroxad and 
pyraclostrobin (co-formulated in PriaxorTM Xemium[supreg] 
Brand Fungicide) on a maximum of 8,000 acres of coffee to control 
coffee leaf rust. Import tolerances in connection with prior 
registration actions are established in 40 CFR 180.166 for fluxapyroxad 
and 40 CFR 180.582 for pyraclostrobin and are sufficient to support 
this use. The authorization was effective May 19, 2022.
Louisiana
Department of Agriculture and Forestry
    Specific exemption: EPA authorized the use of triclopyr on a 
maximum of 450,000 acres of sugarcane to control divine nightshade. A 
time-limited tolerance in connection with a previous action supports 
this emergency use and is established in 40 CFR 180.417(b). The 
authorization was effective October 1, 2021.
Maryland
Department of Agriculture
    Public Health Exemptions: EPA authorized the use of triethylene 
glycol formulated as Grignard Pure, an unregistered product for air 
treatment in indoor spaces, (occupied and unoccupied) to help control 
the spread of Severe Acute Respiratory Syndrome Coronavirus 2 or SARS-
CoV-2. The authorization was effective July 1, 2021.
    EPA authorized the use of triethylene glycol formulated as Grignard 
Pure, an unregistered product for air treatment in indoor spaces, 
(occupied and unoccupied) to help control the spread of Severe Acute 
Respiratory Syndrome Coronavirus 2 or SARS-CoV-2. The authorization was 
effective February 15, 2022.
    Specific Exemption: EPA authorized the use of bifenthrin on a 
maximum of 3,570 acres of apples, nectarines and peaches to control 
brown marmorated stinkbug. Time-limited tolerances in connection with 
previous actions supported this emergency use and were established in 
40 CFR 180.442(b). Permanent tolerances have since been established for 
these commodities at 40 CFR 180.442(a). The authorization was effective 
August 5, 2021.
Massachusetts
Department of Agriculture and Resource
    Specific exemption: EPA authorized the use of propyzamide on a 
maximum of 5,000 acres of cranberries to control dodder. A time-limited 
tolerance in connection with a previous action supports this emergency 
use and is established in 40 CFR 180.317(b). The authorization was 
effective March 4, 2022.
Michigan
Department of Agriculture and Rural Development
    Specific Exemption: EPA authorized the use of acifluorfen on a 
maximum of 48,000 acres of sugar beets for postemergence control of 
invasive Amaranthus (pigweed) spp., waterhemp, and Palmer amaranth. 
Time-limited tolerances in connection with a previous action support 
this emergency use and are established in 40 CFR 180.383(b). The 
authorization was effective April 28, 2022.
    Quarantine Exemption: EPA authorized the use of imidacloprid on a 
maximum of 1,566 acres of Eastern Hemlock trees to control Hemlock 
Wooly Adelgid. The authorization was effective August 12, 2021.
Minnesota
Department of Agriculture
    Specific exemption: EPA authorized the use of acifluorfen on a 
maximum of 96,000 acres of sugar beets for postemergence control of 
glyphosate-resistant waterhemp. Time-limited tolerances in connection 
with a previous action support this emergency use and are established 
in 40 CFR 180.383(b). The authorization was effective May 16, 2022.
Mississippi
Department of Agriculture and Commerce
    Crisis exemption: EPA concurred upon a crisis exemption declared by 
the Mississippi Department of Agriculture and Commerce for the use of 
methoxyfenozide to control fall armyworm in rice. Time-limited 
tolerances in connection with a previous action support this use and 
are established in 40 CFR 180.544(b). The crisis exemption was 
effective July 28, 2021.
    Specific exemptions: EPA authorized the use of methoxyfenozide on a 
maximum of 60,000 acres of rice to fall armyworm. Time-limited 
tolerances in connection with a previous action support this emergency 
use and are established in 40 CFR 180.544(b). The authorization was 
effective September 29, 2021.
    EPA authorized the use of fluridone on a maximum of 4,000 acres of 
peanut to control herbicide-resistant Palmer amaranth. Time-limited 
tolerances in connection with a previous action support this emergency 
use and are established in 40 CFR 180.420(b). The authorization was 
effective April 15, 2022.
Missouri
Department of Agriculture
    Specific exemption: EPA authorized the use of fluridone on a 
maximum of 4,000 acres of peanut to control herbicide-resistant Palmer 
amaranth. Time-limited tolerances in connection with a previous action 
support this emergency use and are established in 40 CFR 180.420(b). 
This authorization was effective April 15, 2022.
Nevada
Department of Agriculture
    Public Health Exemptions: EPA authorized the use of triethylene 
glycol formulated as Grignard Pure, an unregistered product for air 
treatment in indoor spaces, (occupied and unoccupied) to help control 
the spread of Severe Acute Respiratory Syndrome Coronavirus 2 or SARS-
CoV-2. The authorization was effective July 1, 2021.
    EPA authorized the use of triethylene glycol formulated as Grignard 
Pure, an unregistered product for air treatment in indoor spaces, 
(occupied and unoccupied) to help control the spread of Severe Acute 
Respiratory Syndrome

[[Page 47747]]

Coronavirus 2 or SARS-CoV-2. The authorization was effective February 
15, 2022.
New York
Department of Environmental Conservation
    Specific Exemption: EPA authorized the use of bifenthrin on a 
maximum of 7,521 acres of apples, nectarines and peaches to control 
brown marmorated stinkbug. Time-limited tolerances in connection with 
previous actions supported this emergency use and were established in 
40 CFR 180.442(b). Permanent tolerances have since been established for 
these commodities at 40 CFR 180.442(a). The authorization was effective 
August 5, 2021.
North Carolina
Department of Agriculture and Consumer Services
    Specific exemption: EPA authorized the postharvest use of 
thiabendazole on a maximum of 95,000 acres of sweet potatoes to control 
black rot. A time-limited tolerance in connection with a previous 
action supported this emergency use and was established in 40 CFR 
180.242(b). The authorization was effective July 2, 2021.
North Dakota
Department of Agriculture
    Specific exemption: EPA authorized the use of acifluorfen on a 
maximum of 34,000 acres of sugar beets for postemergence control of 
glyphosate resistant waterhemp. Time-limited tolerances in connection 
with a previous action support this emergency use and are established 
in 40 CFR 180.383(b). The authorization was effective May 16, 2022.
Pennsylvania
Department of Agriculture
    Public Health Exemptions: EPA authorized the use of triethylene 
glycol formulated as Grignard Pure, an unregistered product for air 
treatment in indoor spaces, (occupied and unoccupied) to help control 
the spread of Severe Acute Respiratory Syndrome Coronavirus 2 or SARS-
CoV-2. The authorization was effective July 1, 2021.
    EPA authorized the use of triethylene glycol formulated as Grignard 
Pure, an unregistered product for air treatment in indoor spaces, 
(occupied and unoccupied) to help control the spread of Severe Acute 
Respiratory Syndrome Coronavirus 2 or SARS-CoV-2. The authorization was 
effective January 14, 2022.
    Specific Exemption: EPA authorized the use of bifenthrin on a 
maximum of 24,973 acres of apples, nectarines and peaches to control 
the brown marmorated stinkbug. Time-limited tolerances in connection 
with previous actions supported this emergency use and were established 
in 40 CFR 180.442(b). Permanent tolerances have since been established 
for these commodities at 40 CFR 180.442(a). The authorization was 
effective August 5, 2021.
Tennessee
Department of Agriculture
    Public Health Exemption: EPA authorized the use of triethylene 
glycol formulated as Grignard Pure, an unregistered product for air 
treatment in indoor spaces, (occupied and unoccupied) to help control 
the spread of Severe Acute Respiratory Syndrome Coronavirus 2 or SARS-
CoV-2. The authorization was effective January 14, 2022.
Texas
Department of Agriculture
    Public Health Exemptions: EPA authorized the use of triethylene 
glycol formulated as Grignard Pure, an unregistered product for air 
treatment in indoor spaces, (occupied and unoccupied) to help control 
the spread of Severe Acute Respiratory Syndrome Coronavirus 2 or SARS-
CoV-2. The authorization was effective July 1, 2021.
    EPA authorized the use of triethylene glycol formulated as Grignard 
Pure, an unregistered product for air treatment in indoor spaces, 
(occupied and unoccupied) to help control the spread of Severe Acute 
Respiratory Syndrome Coronavirus 2 or SARS-CoV-2. The authorization was 
effective January 14, 2022.
Virginia
Department of Agriculture and Consumer Services
    Public Health Exemption: EPA authorized the use of triethylene 
glycol formulated as Grignard Pure, an unregistered product for air 
treatment in indoor spaces, (occupied and unoccupied) to help control 
the spread of Severe Acute Respiratory Syndrome Coronavirus 2 or SARS-
CoV-2. The authorization was effective January 14, 2022.
    Specific Exemption: EPA authorized the use of bifenthrin on a 
maximum of 29,000 acres of apples, nectarines and peaches to control 
the brown marmorated stinkbug. Time-limited tolerances in connection 
with previous actions supported this emergency use and were established 
in 40 CFR 180.442(b). Permanent tolerances have been established for 
these commodities at 40 CFR 180.442(a). The authorization was effective 
August 5, 2021.
West Virginia
Department of Agriculture
    Specific Exemption: EPA authorized the use of bifenthrin on a 
maximum of 5,986 acres of apples, nectarines and peaches to control the 
brown marmorated stinkbug. Time-limited tolerances in connection with 
previous actions supported this emergency use and were established in 
40 CFR 180.442(b). Permanent tolerances have since been established for 
these commodities at 40 CFR 180.442(a). The authorization was effective 
August 5, 2021.

B. Federal Departments and Agencies

United States Department of Agriculture
Animal and Plant Health Inspector Service
    Quarantine Exemptions: EPA authorized the use of sodium 
hypochlorite on porous and nonporous surfaces to decontaminate from 
viruses of foot and mouth disease, classical swine fever, and African 
swine fever. The authorization was effective September 10, 2021.
    EPA authorized the use of sodium hydroxide on nonporous surfaces to 
control prions. The authorization was effective September 24, 2021.
    EPA authorized the use of sodium hypochlorite on nonporous surfaces 
to control prions. The authorization was effective September 24, 2021.
    EPA authorized the use of citric acid to treat for disinfection of 
porous and nonporous surfaces contaminated with foot-and-mouth disease 
virus, African swine fever virus, low pathogenic avian influenza virus, 
and highly pathogenic avian flu influenza virus. The authorization was 
effective March 2, 2022.
    EPA authorized the use of a mixture of potassium peroxymonosulfate 
and propylene glycol for disinfection of nonporous surfaces associated 
with poultry facilities infected with highly pathogenic avian influenza 
virus. The authorization was effective March 23, 2022.
National Aeronautics and Space Administration
    Specific exemption: EPA authorized the use of ortho-phthaldehyde, 
immobilized to a porous resin, to treat the International Space Station 
internal active thermal control system (IATCS) coolant for control of 
aerobic and microaerophilic water bacteria and unidentified gram-
negative rods. This

[[Page 47748]]

request was granted because, without this use, the ISS would have no 
means to control organisms in the IATCS since there are no registered 
alternatives available which meet the required criteria. The emergency 
request proposed a use of a new (unregistered) chemical and in 
accordance with the requirements at 40 CFR 166.24(a)(1), a notice of 
receipt published in the Federal Register on September 15, 2021, to 
allow a public comment period, which closed on September 30, 2021. The 
authorization was effective October 7, 2021.

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

    Dated: July 28, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2022-16646 Filed 8-3-22; 8:45 am]
BILLING CODE 6560-50-P


