Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations, 40348-40351 [05-13780]
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40348
Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices
simazine, compared to the general
population.
EPA is applying the principles of
public participation to all pesticides
undergoing reregistration and tolerance
reassessment. The Agency’s Pesticide
Tolerance Reassessment and
Reregistration; Public Participation
Process, published in the Federal
Register on May 14, 2004, (69 FR
26819)(FRL–7357–9) explains that in
conducting these programs, the Agency
is tailoring its public participation
process to be commensurate with the
level of risk, extent of use, complexity
of the issues, and degree of public
concern associated with each pesticide.
For simazine, a modified, 4–Phase
process with 1 comment period and
ample opportunity for public
consultation seems appropriate in view
of its refined risk assessments and the
relatively limited risk management
issues associated with simazine.
However, if as a result of comments
received during this comment period
EPA finds that additional issues
warranting further discussion are raised,
the Agency may lengthen the process
and include a second comment period,
as needed. The decisions presented in
the IRED may be supplemented by
further risk mitigation measures when
EPA considers its cumulative
assessment of the chlorinated triazine
pesticides.
All comments should be submitted
using the methods in Unit I. of the
SUPPLEMENTARY INFORMATION, and must
be received by EPA on or before the
closing date. Comments will become
part of the Agency Docket for simazine.
Comments received after the close of the
comment period will be marked ‘‘late.’’
EPA is not required to consider these
late comments.
B. What is the Agency’s Authority for
Taking this Action?
Section 4(g)(2) of FIFRA as amended
directs that, after submission of all data
concerning a pesticide active ingredient,
‘‘the Administrator shall determine
whether pesticides containing such
active ingredient are eligible for
reregistration,’’ before calling in product
specific data on individual end-use
products and either reregistering
products or taking other ‘‘appropriate
regulatory action.’’
Section 408(q) of the FFDCA, 21
U.S.C. 346a(q), requires EPA to review
tolerances and exemptions for pesticide
residues in effect as of August 2, 1996,
to determine whether the tolerance or
exemption meets the requirements of
section 408(b)(2) or (c)(2) of FFDCA.
This review is to be completed by
August 3, 2006.
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List of Subjects
Environmental protection, Pesticides
and pests.
Dated: July 7, 2005.
Peter Caulkins,
Acting Director, Special Review and
Reregistration Division, Office of Pesticide
Programs.
[FR Doc. 05–13779 Filed 7–12–05; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[OPP–2005–0188; FRL–7722–5]
Pesticide Emergency Exemptions;
Agency Decisions and State and
Federal Agency Crisis Declarations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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 January 1, 2005 to
March 31, 2005 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: Team Leader,
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
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 code 111)
• Animal production (NAICS code
112)
• Food manufacturing (NAICS code
311)
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• 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 an
official public docket for this action
under docket identification number
OPP–2005–0188. 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
https://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 https://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
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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
Alabama
Department of Agriculture and
Industries
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
7, 2005 to February 1, 2006. Contact:
(Barbara Madden)
California
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Environmental Protection Agency,
Department of Pesticide Regulation
Crisis: On August 30, 2004, for the use
of spinosad on green onions to control
thrips. This program ended on October
31, 2004. Contact: (Andrew Ertman)
Specific: EPA authorized the use of
thiamethoxam on artichoke to control
proba bug; January 14, 2005 to January
14, 2006. Contact: (Barbara Madden)
EPA authorized the use of maneb on
walnut to control bacterial blight; March
1, 2005 to June 15, 2005. Contact: (Libby
Pemberton)
EPA authorized the use of myclobutanil
on peppers to control powdery mildew
(Oidiopsis taurica); June 1, 2005 to May
31, 2006. Contact: (Libby Pemberton)
EPA authorized the use of
oxytetracycline in apples to control fire
blight; March 11, 2005 to August 1,
2005. Contact: (Andrea Conrath)
EPA authorized the use of tebuconazole
on garlic to control garlic rust (Puccinia
porri - P. allii); March 16, 2005 to July
3, 2005. Contact: (Libby Pemberton)
EPA authorized the use of spiromesifen
on pepper to control potato psyllid
Bactericera (Paratrioza cockerelli);
March 25, 2005 to November 30, 2005.
Contact: (Libby Pemberton)
Colorado
Department of Agriculture
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
7, 2005 to February 1, 2006. Contact:
(Barbara Madden)
EPA authorized the use of
difenoconazole on sweet corn seed to
control damping off and die-back
disease; March 11, 2005 to March 10,
2006. Contact: (Andrea Conrath)
EPA authorized the use of tebuconazole
on sunflower to control rust (Puccinia
helianthi); July 1, 2005 to August 25,
2005. Contact: (Libby Pemberton)
Connecticut
Department of Environmental Protection
Specific: EPA authorized the use of
azoxystrobin on tobacco to control blue
mold (Peronospora tabacina) March 30,
2005 to December 31, 2005. Contact:
(Libby Pemberton)
EPA authorized the use of maneb on
walnut to control bacterial blight; March
1, 2005 to June 15, 2005. Contact: (Libby
Pemberton)
Delaware
Department of Agriculture
Specific: EPA authorized the use of
thiophanate methyl in mushroom
cultivation to control green mold;
January 7, 2005 to January 7, 2006.
Contact: (Andrea Conrath)
EPA authorized the use of coumaphos
in beehives to control varroa mites and
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40349
small hive beetles; February 7, 2005 to
February 1, 2006. Contact: (Barbara
Madden)
Florida
Department of Agriculture and
Consumer Services
Specific: EPA authorized the use of
Pyriproxyfen in legumes to control
Whitefly; February 9, 2005 to February
9, 2006. Contact: (Andrea Conrath)
EPA authorized the use of thiophanate
methyl in citrus to control post-bloom
fruit drop and stem end rot; March 2,
2005 to March 2, 2006. Contact: (Andrea
Conrath)
Georgia
Department of Agriculture
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
2, 2005 to February 1, 2006. Contact:
(Barbara Madden)
EPA authorized the use of the
formulated product ApiLife VAR
containing thymol, eucalyptus oil, and
L-menthol in beehives to control varroa
mites; February 23, 2005 to December 1,
2005. Contact: (Barbara Madden)
Idaho
Department of Agriculture
Specific: EPA authorized the use of the
formulated product ApiLife VAR
containing thymol, eucalyptus oil, and
L-menthol in beehives to control varroa
mites; February 17, 2005 to December 1,
2005. Contact: (Barbara Madden)
EPA authorized the use of thiabendazole
in lentils to control Ascochyta Blight;
February 22, 2005 to June 1, 2005.
Contact: (Andrea Conrath)
EPA authorized the use of
difenoconazole on sweet corn seed to
control damping off and die-back
disease; March 11, 2005 to March 10,
2006. Contact: (Andrea Conrath)
EPA authorized the use of
oxytetracycline in apples to control fire
blight; March 11, 2005 to August 1,
2005. Contact: (Andrea Conrath)
Illinois
Department of Agriculture
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
7, 2005 to February 1, 2006. Contact:
(Barbara Madden)
EPA authorized the use of the
formulated product ApiLife VAR
containing thymol, eucalyptus oil, and
L-menthol in beehives to control varroa
mites; February 7, 2005 to December 1,
2005. Contact: (Barbara Madden)
Indiana
Office of Indiana State Chemist
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
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Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices
mites and small hive beetles; February
23, 2005 to February 1, 2006. Contact:
(Barbara Madden)
EPA authorized the use of
fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to
September 30, 2005. Contact: (Andrea
Conrath)
Kansas
Department of Agriculture
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
7, 2005 to February 1, 2006. Contact:
(Barbara Madden)
Maryland
Department of Agriculture
Specific: EPA authorized the use of
thiophanate methyl in mushroom
cultivation to control green mold;
January 7, 2005 to January 7, 2006.
Contact: (Andrea Conrath)
EPA authorized the use of coumaphos
in beehives to control varroa mites and
small hive beetles; February 7, 2005 to
February 1, 2006. Contact: (Barbara
Madden)
EPA authorized the use of the
formulated product ApiLife VAR
containing thymol, eucalyptus oil, and
L-menthol in beehives to control varroa
mites; February 7, 2005 to December 1,
2005. Contact: (Barbara Madden)
Massachusetts
Massachusetts Department of Food and
Agriculture
Specific: EPA authorized the use of
azoxystrobin on tobacco to control blue
mold (Peronospora tabacina) March 30,
2005 to December 31, 2005. Contact:
(Libby Pemberton)
Michigan
Michigan Department of Agriculture
Specific: EPA authorized the use of the
formulated product ApiLife VAR
containing thymol, eucalyptus oil, and
L-menthol in beehives to control varroa
mites; February 17, 2005 to December 1,
2005. Contact: (Barbara Madden)
EPA authorized the use of
fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to
September 1, 2005. Contact: (Andrea
Conrath)
EPA authorized the use of
oxytetracycline in apples to control fire
blight; March 11, 2005 to June 30, 2005.
Contact: (Andrea Conrath)
EPA authorized the use of tebuconazole
on asparagus to control asparagus rust
(Puccinia asparagi); March 16, 2005 to
November 1, 2005. Contact: (Libby
Pemberton)
Minnesota
Department of Agriculture
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Crisis: EPA authorized the use of
tetraconazole on soybeans to control
soybean rust; March 2, 2005, to March
1, 2008. Contact: (Andrew Ertman)
Specific: EPA authorized the use of the
formulated product ApiLife VAR
containing thymol, eucalyptus oil, and
L-menthol in beehives to control varroa
mites; January 30, 2005 to December 1,
2005. Contact: (Barbara Madden)
Mississippi
Department of Agriculture and
Commerce
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
23, 2005 to February 1, 2006. Contact:
(Barbara Madden)
EPA authorized the use of the
formulated product ApiLife VAR
containing thymol, eucalyptus oil, and
L-menthol in beehives to control varroa
mites; February 23, 2005 to December 1,
2005. Contact: (Barbara Madden)
Missouri
Department of Agriculture
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
7, 2005 to February 1, 2006. Contact:
(Barbara Madden)
Montana
Department of Agriculture
Specific: EPA authorized the use of
thiabendazole in lentils to control
Ascochyta Blight; March 11, 2005 to
June 1, 2005. Contact: (Andrea Conrath)
New Hampshire
Department of Agriculture
Specific: EPA authorized the use of
fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to
August 31, 2005. Contact: (Andrea
Conrath)
New York
Department of Environmental
Conservation
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
2, 2005 to February 1, 2006. Contact:
(Barbara Madden)
EPA authorized the use of
desmedipham on red (table) beets to
control several important broadleaf
weeds, including hairy galinsoga,
common ragweed, redroot pigweed,
common lambsquarters, velvetleaf,
nightshade spp. and wild mustard;
February 2, 2005 to August 15, 2005.
Contact: (Libby Pemberton)
EPA authorized the use of
fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to
June 30, 2005. Contact: (Andrea
Conrath)
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North Carolina
Department of Agriculture
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
2, 2005 to February 1, 2006. Contact:
(Barbara Madden)
EPA authorized the use of
fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to
August 31, 2005. Contact: (Andrea
Conrath)
North Dakota
Department of Agriculture
Specific: EPA authorized the use of
thiabendazole in lentils to control
Ascochyta Blight; February 22, 2005 to
June 1, 2005. Contact: (Andrea Conrath)
Oklahoma
Department of Agriculture
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
2, 2005 to February 1, 2006. Contact:
(Barbara Madden)
Oregon
Department of Agriculture
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
7, 2005 to February 1, 2006. Contact:
(Barbara Madden)
EPA authorized the use of the
formulated product ApiLife VAR
containing thymol, eucalyptus oil, and
L-menthol in beehives to control varroa
mites; February 7, 2005 to December 1,
2005. Contact: (Barbara Madden)
EPA authorized the use of
propiconazole on filberts to control
Eastern Filbert Blight; February 9, 2005
to May 30, 2005. Contact: (Andrea
Conrath)
EPA authorized the use of thiabendazole
in lentils to control Ascochyta Blight;
February 22, 2005 to June 1, 2005.
Contact: (Andrea Conrath)
EPA authorized the use of
fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to
May 31, 2005. Contact: (Andrea
Conrath)
EPA authorized the use of sulfentrazone
on strawberries to control broadleaf
weeds; March 11, 2005 to February 28,
2006. Contact: (Andrew Ertman)
EPA authorized the use of
oxytetracycline in apples to control fire
blight; March 11, 2005 to August 1,
2005. Contact: (Andrea Conrath)
Pennsylvania
Department of Agriculture
Specific: EPA authorized the use of the
formulated product ApiLife VAR
containing thymol, eucalyptus oil, and
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L-menthol in beehives to control varroa
mites; January 30, 2005 to December 1,
2005. Contact: (Barbara Madden)
EPA authorized the use of thiophanate
methyl in mushroom cultivation to
control green mold; January 7, 2005 to
January 7, 2006. Contact: (Andrea
Conrath)
EPA authorized the use of coumaphos
in beehives to control varroa mites and
small hive beetles; February 7, 2005 to
February 1, 2006. Contact: (Barbara
Madden)
EPA authorized the use of
fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to
September 1, 2005. Contact: (Andrea
Conrath)
South Carolina
Clemson University
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
23, 2005 to February 1, 2006. Contact:
(Barbara Madden)
South Dakota
Department of Agriculture
Quarantine: EPA authorized the use of
tetraconazole on soybeans to control
soybean rust; March 2, 2005, to March
1, 2008. Contact: (Andrew Ertman)
mites; January 30, 2005 to December 1,
2005. Contact: (Barbara Madden)
EPA authorized the use of coumaophos
in beehives to control varroa mites and
small hive beetles; February 7, 2005 to
February 1, 2006. Contact: (Barbara
Madden)
EPA authorized the use of
propiconazole on filberts to control
Eastern Filbert Blight; February 9, 2005
to May 30, 2005. Contact: (Andrea
Conrath)
EPA authorized the use of thiabendazole
in lentils to control Ascochyta Blight;
February 22, 2005 to June 1, 2005.
Contact: (Andrea Conrath)
EPA authorized the use of sulfentrazone
on strawberries to control broadleaf
weeds; March 2, 2005 to February 28,
2006. Contact: (Andrew Ertman)
EPA authorized the use of
fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to
June 10, 2005. Contact: (Andrea
Conrath)
EPA authorized the use of
oxytetracycline in apples to control fire
blight; March 11, 2005 to August 1,
2005. Contact: (Andrea Conrath)
Tennessee
West Virginia
Department of Agriculture
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
23, 2005 to February 1, 2006. Contact:
(Barbara Madden)
Department of Agriculture
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
2, 2005 to February 1, 2006. Contact:
(Barbara Madden)
Texas
Department of Agriculture
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
2, 2005 to February 1, 2006. Contact:
(Barbara Madden)
Utah
Wisconsin
Department of Agriculture, Trade, and
Consumer Protection
Specific: EPA authorized the use of
sulfentrazone on strawberries to control
broadleaf weeds; June 20, 2005 to
December 15, 2005. Contact: (Andrew
Ertman)
Department of Agriculture
Specific: EPA authorized the use of
coumaphos in beehives to control varroa
mites and small hive beetles; February
23, 2005 to February 1, 2006. Contact:
(Barbara Madden)
EPA authorized the use of the
formulated product ApiLife VAR
containing thymol, eucalyptus oil, and
L-menthol in beehives to control varroa
mites; February 23, 2005 to December 1,
2005. Contact: (Barbara Madden)
June 29, 2005.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. 05–13780 Filed 7–12–05; 8:45 am]
Washington
BILLING CODE 6560–50–S
List of Subjects
Environmental protection, Pesticides
and pest.
Department of Agriculture
Specific: EPA authorized the use of the
formulated product ApiLife VAR
containing thymol, eucalyptus oil, and
L-menthol in beehives to control varroa
VerDate jul<14>2003
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40351
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–7938–2]
Notice of Tentative Approval and
Solicitation of Request for a Public
Hearing for Public Water System
Supervision Program Revision for the
Commonwealth of Pennsylvania
Environmental Protection
Agency (EPA).
ACTION: Notice of tentative approval and
Solicitation of Requests for a Public
Hearing.
AGENCY:
SUMMARY: Notice is hereby given in
accordance with the provision of
Section 1413 of the Safe Drinking Water
Act as amended, and the National
Primary Drinking Water Implementation
Regulations that the Commonwealth of
Pennsylvania is revising its approved
Public Water System Supervision
Program. Pennsylvania has adopted the
Long Term 1 Enhanced Surface Water
Treatment Rule to improve control of
microbial pathogens in drinking water,
including specifically the protozoan
Cryptosporidium, and the Filter
Backwash Recycling Rule to require
water systems to institute changes to
return recycle flows of a plant’s
treatment process that may compromise
pathogen treatment.
EPA has determined that these
revisions are no less stringent than the
corresponding Federal regulations
except for one minor omission to the
Commonwealth’s regulations. The item
concerns Tier 3 public notification for
reporting violations. This omission will
be addressed through a future
rulemaking. The Pennsylvania
Department of Environmental Protection
committed to complete this rulemaking
in a letter of intent from the Chief of the
Division of Drinking Water Management
dated March 29, 2005. This letter
includes the draft content of the
regulatory change and a schedule, with
milestones, for completing this revision.
Therefore, EPA is taking action to
tentatively approve these program
revisions. All interested parties are
invited to submit written comments on
this determination and may request a
public hearing.
DATES: Comments or a request for a
public hearing must be submitted by
August 12, 2005. This determination
shall become effective on August 12,
2005 if no timely and appropriate
request for a hearing is received and the
Regional Administrator does not elect
on his own to hold a hearing, and if no
comments are received which cause
EPA to modify its tentative approval.
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]]>Agencies
[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Notices]
[Pages 40348-40351]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13780]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0188; FRL-7722-5]
Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
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 January 1, 2005 to March 31, 2005 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: Team Leader, 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 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 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 an official public docket for this
action under docket identification number OPP-2005-0188. 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 https://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 https://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
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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
Alabama
Department of Agriculture and Industries
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 7, 2005 to February 1,
2006. Contact: (Barbara Madden)
California
Environmental Protection Agency, Department of Pesticide Regulation
Crisis: On August 30, 2004, for the use of spinosad on green onions to
control thrips. This program ended on October 31, 2004. Contact:
(Andrew Ertman)
Specific: EPA authorized the use of thiamethoxam on artichoke to
control proba bug; January 14, 2005 to January 14, 2006. Contact:
(Barbara Madden)
EPA authorized the use of maneb on walnut to control bacterial blight;
March 1, 2005 to June 15, 2005. Contact: (Libby Pemberton)
EPA authorized the use of myclobutanil on peppers to control powdery
mildew (Oidiopsis taurica); June 1, 2005 to May 31, 2006. Contact:
(Libby Pemberton)
EPA authorized the use of oxytetracycline in apples to control fire
blight; March 11, 2005 to August 1, 2005. Contact: (Andrea Conrath)
EPA authorized the use of tebuconazole on garlic to control garlic rust
(Puccinia porri - P. allii); March 16, 2005 to July 3, 2005. Contact:
(Libby Pemberton)
EPA authorized the use of spiromesifen on pepper to control potato
psyllid Bactericera (Paratrioza cockerelli); March 25, 2005 to November
30, 2005. Contact: (Libby Pemberton)
Colorado
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 7, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of difenoconazole on sweet corn seed to control
damping off and die-back disease; March 11, 2005 to March 10, 2006.
Contact: (Andrea Conrath)
EPA authorized the use of tebuconazole on sunflower to control rust
(Puccinia helianthi); July 1, 2005 to August 25, 2005. Contact: (Libby
Pemberton)
Connecticut
Department of Environmental Protection
Specific: EPA authorized the use of azoxystrobin on tobacco to control
blue mold (Peronospora tabacina) March 30, 2005 to December 31, 2005.
Contact: (Libby Pemberton)
EPA authorized the use of maneb on walnut to control bacterial blight;
March 1, 2005 to June 15, 2005. Contact: (Libby Pemberton)
Delaware
Department of Agriculture
Specific: EPA authorized the use of thiophanate methyl in mushroom
cultivation to control green mold; January 7, 2005 to January 7, 2006.
Contact: (Andrea Conrath)
EPA authorized the use of coumaphos in beehives to control varroa mites
and small hive beetles; February 7, 2005 to February 1, 2006. Contact:
(Barbara Madden)
Florida
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of Pyriproxyfen in legumes to control
Whitefly; February 9, 2005 to February 9, 2006. Contact: (Andrea
Conrath)
EPA authorized the use of thiophanate methyl in citrus to control post-
bloom fruit drop and stem end rot; March 2, 2005 to March 2, 2006.
Contact: (Andrea Conrath)
Georgia
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 2, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing
thymol, eucalyptus oil, and L-menthol in beehives to control varroa
mites; February 23, 2005 to December 1, 2005. Contact: (Barbara Madden)
Idaho
Department of Agriculture
Specific: EPA authorized the use of the formulated product ApiLife VAR
containing thymol, eucalyptus oil, and L-menthol in beehives to control
varroa mites; February 17, 2005 to December 1, 2005. Contact: (Barbara
Madden)
EPA authorized the use of thiabendazole in lentils to control Ascochyta
Blight; February 22, 2005 to June 1, 2005. Contact: (Andrea Conrath)
EPA authorized the use of difenoconazole on sweet corn seed to control
damping off and die-back disease; March 11, 2005 to March 10, 2006.
Contact: (Andrea Conrath)
EPA authorized the use of oxytetracycline in apples to control fire
blight; March 11, 2005 to August 1, 2005. Contact: (Andrea Conrath)
Illinois
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 7, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing
thymol, eucalyptus oil, and L-menthol in beehives to control varroa
mites; February 7, 2005 to December 1, 2005. Contact: (Barbara Madden)
Indiana
Office of Indiana State Chemist
Specific: EPA authorized the use of coumaphos in beehives to control
varroa
[[Page 40350]]
mites and small hive beetles; February 23, 2005 to February 1, 2006.
Contact: (Barbara Madden)
EPA authorized the use of fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to September 30, 2005. Contact:
(Andrea Conrath)
Kansas
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 7, 2005 to February 1,
2006. Contact: (Barbara Madden)
Maryland
Department of Agriculture
Specific: EPA authorized the use of thiophanate methyl in mushroom
cultivation to control green mold; January 7, 2005 to January 7, 2006.
Contact: (Andrea Conrath)
EPA authorized the use of coumaphos in beehives to control varroa mites
and small hive beetles; February 7, 2005 to February 1, 2006. Contact:
(Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing
thymol, eucalyptus oil, and L-menthol in beehives to control varroa
mites; February 7, 2005 to December 1, 2005. Contact: (Barbara Madden)
Massachusetts
Massachusetts Department of Food and Agriculture
Specific: EPA authorized the use of azoxystrobin on tobacco to control
blue mold (Peronospora tabacina) March 30, 2005 to December 31, 2005.
Contact: (Libby Pemberton)
Michigan
Michigan Department of Agriculture
Specific: EPA authorized the use of the formulated product ApiLife VAR
containing thymol, eucalyptus oil, and L-menthol in beehives to control
varroa mites; February 17, 2005 to December 1, 2005. Contact: (Barbara
Madden)
EPA authorized the use of fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to September 1, 2005. Contact:
(Andrea Conrath)
EPA authorized the use of oxytetracycline in apples to control fire
blight; March 11, 2005 to June 30, 2005. Contact: (Andrea Conrath)
EPA authorized the use of tebuconazole on asparagus to control
asparagus rust (Puccinia asparagi); March 16, 2005 to November 1, 2005.
Contact: (Libby Pemberton)
Minnesota
Department of Agriculture
Crisis: EPA authorized the use of tetraconazole on soybeans to control
soybean rust; March 2, 2005, to March 1, 2008. Contact: (Andrew Ertman)
Specific: EPA authorized the use of the formulated product ApiLife VAR
containing thymol, eucalyptus oil, and L-menthol in beehives to control
varroa mites; January 30, 2005 to December 1, 2005. Contact: (Barbara
Madden)
Mississippi
Department of Agriculture and Commerce
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 23, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing
thymol, eucalyptus oil, and L-menthol in beehives to control varroa
mites; February 23, 2005 to December 1, 2005. Contact: (Barbara Madden)
Missouri
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 7, 2005 to February 1,
2006. Contact: (Barbara Madden)
Montana
Department of Agriculture
Specific: EPA authorized the use of thiabendazole in lentils to control
Ascochyta Blight; March 11, 2005 to June 1, 2005. Contact: (Andrea
Conrath)
New Hampshire
Department of Agriculture
Specific: EPA authorized the use of fenbuconazole in blueberries to
control mummyberry disease; March 10, 2005 to August 31, 2005. Contact:
(Andrea Conrath)
New York
Department of Environmental Conservation
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 2, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of desmedipham on red (table) beets to control
several important broadleaf weeds, including hairy galinsoga, common
ragweed, redroot pigweed, common lambsquarters, velvetleaf, nightshade
spp. and wild mustard; February 2, 2005 to August 15, 2005. Contact:
(Libby Pemberton)
EPA authorized the use of fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to June 30, 2005. Contact: (Andrea
Conrath)
North Carolina
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 2, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to August 31, 2005. Contact: (Andrea
Conrath)
North Dakota
Department of Agriculture
Specific: EPA authorized the use of thiabendazole in lentils to control
Ascochyta Blight; February 22, 2005 to June 1, 2005. Contact: (Andrea
Conrath)
Oklahoma
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 2, 2005 to February 1,
2006. Contact: (Barbara Madden)
Oregon
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 7, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing
thymol, eucalyptus oil, and L-menthol in beehives to control varroa
mites; February 7, 2005 to December 1, 2005. Contact: (Barbara Madden)
EPA authorized the use of propiconazole on filberts to control Eastern
Filbert Blight; February 9, 2005 to May 30, 2005. Contact: (Andrea
Conrath)
EPA authorized the use of thiabendazole in lentils to control Ascochyta
Blight; February 22, 2005 to June 1, 2005. Contact: (Andrea Conrath)
EPA authorized the use of fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to May 31, 2005. Contact: (Andrea
Conrath)
EPA authorized the use of sulfentrazone on strawberries to control
broadleaf weeds; March 11, 2005 to February 28, 2006. Contact: (Andrew
Ertman)
EPA authorized the use of oxytetracycline in apples to control fire
blight; March 11, 2005 to August 1, 2005. Contact: (Andrea Conrath)
Pennsylvania
Department of Agriculture
Specific: EPA authorized the use of the formulated product ApiLife VAR
containing thymol, eucalyptus oil, and
[[Page 40351]]
L-menthol in beehives to control varroa mites; January 30, 2005 to
December 1, 2005. Contact: (Barbara Madden)
EPA authorized the use of thiophanate methyl in mushroom cultivation to
control green mold; January 7, 2005 to January 7, 2006. Contact:
(Andrea Conrath)
EPA authorized the use of coumaphos in beehives to control varroa mites
and small hive beetles; February 7, 2005 to February 1, 2006. Contact:
(Barbara Madden)
EPA authorized the use of fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to September 1, 2005. Contact:
(Andrea Conrath)
South Carolina
Clemson University
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 23, 2005 to February 1,
2006. Contact: (Barbara Madden)
South Dakota
Department of Agriculture
Quarantine: EPA authorized the use of tetraconazole on soybeans to
control soybean rust; March 2, 2005, to March 1, 2008. Contact: (Andrew
Ertman)
Tennessee
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 23, 2005 to February 1,
2006. Contact: (Barbara Madden)
Texas
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 2, 2005 to February 1,
2006. Contact: (Barbara Madden)
Utah
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 23, 2005 to February 1,
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing
thymol, eucalyptus oil, and L-menthol in beehives to control varroa
mites; February 23, 2005 to December 1, 2005. Contact: (Barbara Madden)
Washington
Department of Agriculture
Specific: EPA authorized the use of the formulated product ApiLife VAR
containing thymol, eucalyptus oil, and L-menthol in beehives to control
varroa mites; January 30, 2005 to December 1, 2005. Contact: (Barbara
Madden)
EPA authorized the use of coumaophos in beehives to control varroa
mites and small hive beetles; February 7, 2005 to February 1, 2006.
Contact: (Barbara Madden)
EPA authorized the use of propiconazole on filberts to control Eastern
Filbert Blight; February 9, 2005 to May 30, 2005. Contact: (Andrea
Conrath)
EPA authorized the use of thiabendazole in lentils to control Ascochyta
Blight; February 22, 2005 to June 1, 2005. Contact: (Andrea Conrath)
EPA authorized the use of sulfentrazone on strawberries to control
broadleaf weeds; March 2, 2005 to February 28, 2006. Contact: (Andrew
Ertman)
EPA authorized the use of fenbuconazole in blueberries to control
mummyberry disease; March 10, 2005 to June 10, 2005. Contact: (Andrea
Conrath)
EPA authorized the use of oxytetracycline in apples to control fire
blight; March 11, 2005 to August 1, 2005. Contact: (Andrea Conrath)
West Virginia
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; February 2, 2005 to February 1,
2006. Contact: (Barbara Madden)
Wisconsin
Department of Agriculture, Trade, and Consumer Protection
Specific: EPA authorized the use of sulfentrazone on strawberries to
control broadleaf weeds; June 20, 2005 to December 15, 2005. Contact:
(Andrew Ertman)
List of Subjects
Environmental protection, Pesticides and pest.
June 29, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 05-13780 Filed 7-12-05; 8:45 am]
BILLING CODE 6560-50-S
