[Federal Register Volume 89, Number 111 (Friday, June 7, 2024)]
[Notices]
[Pages 48610-48611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12416]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2024-0211; FRL-11998-01-OCSPP]
Alpha-Pinene, Anisyl Alcohol, Butyl Salicylate, Cineole
(Eucalyptol), and Phenylacetaldehyde; Receipt of Application for
Emergency Exemption, Solicitation of Public Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has received a specific exemption request from the
Colorado Department of Agriculture to use the pesticides, alpha-pinene,
anisyl alcohol,
[[Page 48611]]
butyl salicylate, cineole (eucalyptol), and phenylacetaldehyde (CAS
Nos. 80-56-8, 1331-81-3, 2052-14-4, 470-82-6, and 122-78-1,
respectively) to treat up to 1,400 acres of sweet corn to control corn
earworm. The applicant proposes the use of new chemicals which have not
been registered by EPA. EPA is soliciting public comment before making
the decision whether or not to grant the exemption.
DATES: Comments must be received on or before June 24, 2024.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2024-0211, 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: Charles Smith, Director, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-2875; 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).
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/commenting-epa-dockets.
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 pesticides
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. The Colorado Department
of Agriculture has requested the EPA Administrator to issue a specific
exemption for the use of alpha-pinene, anisyl alcohol, butyl
salicylate, cineole (eucalyptol), and phenylacetaldehyde (partnered
with a toxicant insecticide as an attract-and-kill insect control
strategy) in sweet corn to control corn earworm. Information in
accordance with 40 CFR part 166 was submitted as part of this request.
As part of this request, the applicant asserts that emergency
conditions exist due to insufficient means to control corn earworm in
sweet corn, and the use of the formulation containing alpha-pinene,
anisyl alcohol, butyl salicylate, cineole (eucalyptol, and
phenylacetaldehyde will help avert significant economic losses.
The Applicant proposes to make no more than 8 applications per
treatment site of Insect Attractant (containing the following
registered ingredient, d-limonene (0.2%), and the following new
chemical ingredients: Alpha-pinene (0.5%); anisyl alcohol (0.5%), butyl
salicylate (0.9%); cineole (eucalyptol), (0.5%); and phenylacetaldehyde
(0.8%) per gallon of product) to treat up to 2% (28 acres) of the 1,400
maximum sweet corn acreage the applicant requested under this specific
exemption from June 10--October 10, 2024. The total amount of pesticide
applied is not to exceed 1,300 gallons of product, equivalent to a
combined total of 384.28 pounds of d-limonene (20.28 lbs.), alpha-
pinene (61.62 lbs.), anisyl alcohol (56.42 lbs.), butyl salicylate
(112.71 lbs.), cineole (eucalyptol) (54.99 lbs.), and
phenylacetaldehyde (98.54 lbs.), and is to be used only in two Colorado
counties, Delta and Montrose.
This notice does not constitute a decision by EPA on the
application itself. The regulations governing FIFRA section 18 at 40
CFR part 166.24(a)(1) require publication of a notice of receipt of an
application for a specific exemption proposing use of a new chemical
(i.e., an active ingredient) which has not been registered by EPA. 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 specific
exemption requested by the Colorado Department of Agriculture.
Authority: 7 U.S.C. 136 et seq.
Dated: May 23, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-12416 Filed 6-6-24; 8:45 am]
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