[Federal Register: December 22, 2004 (Volume 69, Number 245)]
[Notices]
[Page 76729-76732]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de04-46]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0350; FRL-7684-8]
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 July 1, 2004 to September 30, 2004 to control
unforseen 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: Branch Chief, Emergency Response Team,
Registration Division (7505C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-9366.
SUPPLEMENTARY INFORMATION: EPA has granted or denied emergency
exemptions to the following State and Federal agencies. The emergency
exemptions may take the following
[[Page 76730]]
form: Crisis, public health, quarantine, or specific. EPA has also
listed denied emergency exemption requests in this notice.
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 111)
Animal production (NAICS 112)
Food manufacturing (NAICS 311)
Pesticide manufacturing (NAICS 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. 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 an official public docket for this
action under docket identification number OPP-2004-0350. The official
public docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. Although a part of the official docket, the public docket
does not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public docket is the collection of materials that is available for
public viewing at the Public Information and Records Integrity Branch
(PIRIB), Rm. 119, Crystal Mall 2, 1801 S. Bell St., Arlington,
VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The docket 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/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
II. Background
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
Arkansas
State Plant Board
Crisis: On July 6, 2004, for the use of sodium chlorate on wheat as a
harvest aid. This program ended on July 10, 2004. Contact: (Libby
Pemberton)
On September 3, 2004, for the use of acephate on soybeans to control
stink bugs. This program ended on September 18, 2004. Contact: (Libby
Pemberton)
Quarantine: EPA authorized the use of propiconazole on soybeans to
control soybean rust; effective from the time when soybean rust is
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
California
Environmental Protection Agency, Department of Pesticide Regulation
Specific: EPA authorized the use of myclobutanil on peppers to control
powdery mildew; August 5, 2004 to October 15, 2004. Contact: (Stacey
Groce)
Colorado
Department of Agriculture
Specific: EPA authorized the use of acibenzolar-S-methyl on onions to
control iris yellow spot virus; July 27, 2004 to September 1, 2004.
Contact: (Libby Pemberton)
Florida
Department of Agriculture and Consumer Services
Crisis: On July 21, 2004, for the use of thiophanate-methyl on cotton
to control fusarium. This program ended on August 5, 2004. Contact:
(Stacey Groce)
Quarantine: EPA authorized the use of myclobutanil on soybeans to
control soybean rust; effective from the time when soybean rust is
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean
rust; effective from the time when soybean rust is introduced to the
U.S., to March 1, 2007. Contact: (Andrew Ertman)
Idaho
Department of Agriculture
Specific: EPA authorized the use of diflubenzuron on alfalfa to control
Mormon crickets and grasshoppers; September 7, 2004 to October 31,
2004. Contact: (Libby Pemberton)
Kansas
Department of Agriculture
Quarantine: EPA authorized the use of myclobutanil on soybeans to
control
[[Page 76731]]
soybean rust; effective from the time when soybean rust is introduced
to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
Kentucky
Department of Agriculture
Crisis: On June 25, 2004, to allow reduced plant back interval to
soybeans in flooded corn fields previously treated with mesotrione or
atrazine. This program ended on July 9, 2004. Contact: (Libby
Pemberton)
On July 27, 2004, for the use of azoxystrobin on tobacco to control
blue mold. This program ended on October 15, 2004. Contact: (Libby
Pemberton)
Louisiana
Department of Agriculture and Forestry
Crisis: On September 3, 2004, for the use of acephate on soybeans to
control stink bugs. This program ended on September 18, 2004. Contact:
(Libby Pemberton)
Specific: EPA authorized the use of methoxyfenozide on soybeans to
control soybean loopers and saltmarsh catepillar; July 14, 2004 to
September 30, 2004. Contact: (Stacey Groce)
Massachusetts
Department of Food and Agriculture
Specific: EPA authorized the use of thiamethoxam on cranberries to
control cranberry weevil; August 12, 2004 to October 1, 2004. Contact:
(Stacey Groce)
Minnesota
Department of Agriculture
Quarantine: EPA authorized the use of tebuconazole on soybeans to
control soybean rust; effective from the time when soybean rust is
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
Mississippi
Department of Agriculture and Commerce
Quarantine: EPA authorized the use of myclobutanil on soybeans to
control soybean rust; effective from the time when soybean rust is
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean
rust; effective from the time when soybean rust is introduced to the
U.S., to March 1, 2007. Contact: (Andrew Ertman)
Missouri
Department of Agriculture
Quarantine: EPA authorized the use of myclobutanil on soybeans to
control soybean rust; effective from the time when soybean rust is
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean
rust; effective from the time when soybean rust is introduced to the
U.S., to March 1, 2007. Contact: (Andrew Ertman)
Montana
Department of Agriculture
Specific: EPA authorized the use of diflubenzuron on alfalfa to control
Mormon crickets and grasshoppers; September 7, 2004 to October 31,
2004. Contact: (Libby Pemberton)
New York
Department of Environmental Conservation
Crisis: On July 21, 2004, for the use of quinoxyfen on cucurbits to
control powdery mildew. This program ended on September 30, 2004.
Contact: (Stacey Groce)
Quarantine: EPA authorized the use of myclobutanil on soybeans to
control soybean rust; effective from the time when soybean rust is
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean
rust; effective from the time when soybean rust is introduced to the
U.S., to March 1, 2007. Contact: (Andrew Ertman)
North Carolina
Department of Agriculture
Quarantine: EPA authorized the use of myclobutanil on soybeans to
control soybean rust; effective from the time when soybean rust is
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean
rust; effective from the time when soybean rust is introduced to the
U.S., to March 1, 2007. Contact: (Andrew Ertman)
Specific: EPA authorized the use of tebufenozide on sweet potatoes to
control armyworms; July 23, 2004 to December 31, 2004. Contact: (Andrew
Ertman)
EPA authorized the use of bifenthrin on sweet potatoes to control
beetle complex; August 12, 2004 to September 30, 2004. Contact: (Libby
Pemberton)
North Dakota
Department of Agriculture
Specific: EPA authorized the use of zeta-cypermethrin on flax to
control grasshoppers; July 28, 2004 to September 30, 2004. Contact:
(Libby Pemberton)
Ohio
Department of Agriculture
Quarantine: EPA authorized the use of propiconazole on soybeans to
control soybean rust; effective from the time when soybean rust is
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
Specific: EPA authorized the use of dimethenamid-p on green onions to
control common purslane and prostrate pigweed; August 31, 2004 to
November 15, 2004. Contact: (Stacey Groce)
Oklahoma
Department of Agriculture
Quarantine: EPA authorized the use of myclobutanil on soybeans to
control soybean rust; effective from the time when soybean rust is
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean
rust; effective from the time when soybean rust is introduced to the
U.S., to March 1, 2007. Contact: (Andrew Ertman)
Oregon
Department of Agriculture
Specific: EPA authorized the use of bifenazate on potatoes to control
spider mites; August 1, 2004 to September 15, 2004. Contact: (Andrew
Ertman)
Pennsylvania
Department of Agriculture
Quarantine: EPA authorized the use of myclobutanil on soybeans to
control soybean rust; effective from the time when soybean rust is
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean
rust; effective from the time when soybean rust is introduced to the
U.S., to March 1, 2007. Contact: (Andrew Ertman)
South Carolina
Clemson University
Quarantine: EPA authorized the use of myclobutanil on soybeans to
control soybean rust; effective from the time when soybean rust is
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean
rust; effective from the time when soybean rust is introduced to the
U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of tebuconazole on soybeans to control soybean
rust; effective from the time when soybean rust is introduced to the
U.S., to March 1, 2007. Contact: (Andrew Ertman)
South Dakota
[[Page 76732]]
Department of Agriculture
Quarantine: EPA authorized the use of tebuconazole on soybeans to
control soybean rust; effective from the time when soybean rust is
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
Texas
Department of Agriculture
Crisis: On June 25, 2004, for the use of hexythiazox on corn to control
the Banks grass mite and the two-spotted spider mite. This program
ended on August 31, 2004. Contact: (Andrew Ertman)
Quarantine: EPA authorized the use of myclobutanil on soybeans to
control soybean rust; effective from the time when soybean rust is
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean
rust; effective from the time when soybean rust is introduced to the
U.S., to March 1, 2007. Contact: (Andrew Ertman)
Specific: EPA authorized the use of hexythiazox on corn to control the
Banks grass mite and the two-spotted spider mite; June 25, 2004 to
August 31, 2004. Contact: (Andrew Ertman)
Washington
Department of Agriculture
Specific: EPA authorized the use of bifenazate on potatoes to control
spider mites; August 1, 2004 to September 15, 2004. Contact: (Andrew
Ertman)
B. Federal Departments and Agencies
Agriculture Department
Animal and Plant Health Inspector Service
Quarantine: EPA authorized the use of paraformaldehyde to decontaminate
high security animal laboratories, biological safety cabinets,
equipment, and holding rooms at the following USDA facilities: (1)
National Animal Disease Center (NADC), Ames, Iowa; (2) National
Veterinary Services Laboratories (NVSL): Diagnostic Virology and
Diagnostic Bacteriology Laboratories, Ames, Iowa; (3) Center for
Biologics Laboratories (CVBL), Ames, Iowa; (4) NVSL Foreign Animal
Disease Diagnostic Laboratory (FADDL), Plum Island, New York; (5) the
Plum Island Animal Disease Center (PIADC), Plum Island, N.Y., and (6)
the National Wildlife Research Center (NWRC) in Fort Collins, Colorado;
July 30, 2004, to July 30, 2007. Contact: (Libby Pemberton)
Defense Department
Quarantine: EPA authorized the use of paraformaldehyde on biological
safety cabinets, glove boxes, ductwork and unique items to prevent the
release of infectious microorganisms from containment areas at ECBC
facilities at Aberdeen Proving Ground, MD; July 30, 2004, to July 30,
2007. Contact: (Libby Pemberton)
List of Subjects
Environmental protection, Pesticides and pest.
Dated: December 9, 2004.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 04-27771 Filed 12-21-04; 8:45 am]
BILLING CODE 6560-50-S