[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