Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations, 2068-2069 [E9-502]
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Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices
performance tests, and periodic reports.
Owners or operators also are required to
maintain records of the occurrence and
duration of any startup, shutdown, or
malfunction in the operation of an
affected facility, or any period during
which the monitoring system is
inoperative. These notifications, reports,
and records are essential in determining
compliance and are required, in general,
of all sources subject to NESHAP.
Any owner or operator subject to the
provisions of this part shall maintain a
file of these documents, and retain the
file for at least five years following the
date of such notifications, reports, and
records. All reports are sent to the
delegated state or local authority. In the
event that there is no such delegated
authority, the reports are sent directly to
the EPA regional office. This
information is being collected to assure
compliance with 40 CFR part 63,
subpart MMMM as authorized in
Sections 112 and 114(a) of the Clean Air
Act. The required information consists
of emissions data and other information
that have been determined not to be
private.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
Control Number. The OMB Control
Numbers for EPA’s regulations are listed
in 40 CFR part 9 and 48 CFR chapter 15,
and are identified on the form and/or
instrument, if applicable.
Burden Statement: The annual public
reporting and recordkeeping burden for
this collection of information is
estimated to average 233 hours per
response. Burden means the total time,
effort, or financial resources expended
by persons to generate, maintain, retain,
or disclose or provide information to or
for a Federal agency. This includes the
time needed to review instructions; to
develop, acquire, install, and utilize
technology and systems for the purposes
of collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; to adjust the
existing ways to comply with any
previously applicable instructions and
requirements; to train personnel to be
able to respond to a collection of
information; to search data sources; to
complete and review the collection of
information; and to transmit or
otherwise disclose the information.
Respondents/Affected Entities:
Miscellaneous metal parts and products
surface coating facilities.
Estimated Number of Respondents:
4,991.
Frequency of Response: Initial,
Semiannually, On Occasion.
VerDate Nov<24>2008
21:01 Jan 13, 2009
Jkt 217001
Estimated Total Annual Hour Burden:
2,328,603 hours.
Estimated Total Annual Costs:
$212,456,370, which includes:
$211,456,370 in Labor costs, $1,000,000
in annual O&M costs, and no
annualized capital/startup costs.
Changes in the Estimates: There is an
increase in burden of 1,653,553 hours
from the most recently approved ICR,
due to an adjustment. This increase is
not due to any program changes. The
increase is due to two factors: (1) There
is a more accurate count of number of
facilities affected; and (2) there is a
change in the burden and cost estimates
because the standard has been in effect
for more than three years, and the
requirements are different during initial
compliance (new facilities) as compared
to on-going compliance (existing
facilities). The previous ICR reflected
those burdens and costs associated with
the initial activities for subject facilities.
This includes purchasing monitoring
equipment, conducting performance
tests, and establishing recordkeeping
systems. This ICR reflects the on-going
burden and costs for existing facilities.
Activities for existing sources include
continuous monitoring of pollutants and
the submission of semiannual reports.
Capital/Startup and Operation and
Maintenance (O&M) costs have also
been revised to reflect add-on controls
installed by the small portion of
industry that does not reformulate its
coating materials in order to comply
with the rule.
Dated: January 8, 2009.
John Moses,
Acting Director, Collection Strategies
Division.
[FR Doc. E9–689 Filed 1–13–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA-HQ-OPP–2008–0894; FRL–8395–5]
Pesticide Emergency Exemptions;
Agency Decisions and State and
Federal Agency Crisis Declarations
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
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,
2008 through September 30, 2008 to
control unforeseen pest outbreaks.
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT: See
each emergency exemption 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) 308–9366.
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. 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 of interest.
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–2008–0894. Publicly available
docket materials are available either
electronically at https://
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
https://www.epa.gov/fedrgstr.
E:\FR\FM\14JAN1.SGM
14JAN1
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices
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, 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, 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.
sroberts on PROD1PC70 with NOTICES
III. Emergency Exemptions
A. U. S. States and Territories
California
Environmental Protection Agency,
Department of Pesticide Regulation
Public Health: On August 15, 2008, for
the use of d-phenothrin over
agricultural fields to control mosquitoes
that vector West Nile virus, St Louis
Encephalitis, and Western Equine
VerDate Nov<24>2008
21:01 Jan 13, 2009
Jkt 217001
Encephalitis. Contact: Princess
Campbell.
Delaware
Department of Agriculture
Specific exemption: EPA authorized the
use of spiromesifen on soybeans to
control spider mites; August 13, 2008 to
September 15, 2008. Contact: Andrea
Conrath.
Florida
Department of Agriculture and
Consumer Services
Quarantine exemption: On September
25, 2008, for the use of naled to
eradicate tephritid fruit flies, responsive
to the attractant, methyl eugenol.
Contact: Princess Campbell.
Idaho
Department of Agriculture
Specific exemption: EPA authorized the
use of endothall in agricultural
irrigation canals in Twin Falls County to
control various aquatic weeds;
September 30, 2008 to October 31, 2008.
Contact: Andrea Conrath.
Illinois
Department of Agriculture
Specific exemption: EPA authorized the
use of chlorantraniliprole on sweet corn
to control corn earworm; July 1, 2008 to
October 10, 2008. Contact: Marcel
Howard.
Indiana
Office of Indiana State Chemist
Specific exemption: EPA authorized the
use of chlorantraniliprole on sweet corn
to control corn earworm; August 5, 2008
to October 15, 2008. Contact: Marcel
Howard.
Minnesota
Department of Agriculture
Specific exemption: EPA authorized the
use of chlorantraniliprole on sweet corn
to control corn earworm; July 1, 2008 to
September 30, 2008. Contact: Marcel
Howard.
Crisis: On August 15, 2008, for the use
of lamda-cyhalothrin on wild rice to
control rice worm. This program ended
on August 29, 2008. Contact: Andrew
Ertman.
North Dakota
Department of Agriculture
Crisis: On July 24, 2008, for the use of
tebuconazole on sunflowers to control
rust (Puccinia helianthi). This program
ended on August 8, 2008. Contact: Libby
Pemberton.
Ohio
Department of Agriculture
Specific exemption: EPA authorized the
use of chlorantraniliprole on sweet corn
to control corn earworm; July 22, 2008
to September 30, 2008. Contact: Marcel
Howard.
Oregon
Department of Agriculture
Crisis: On June 30, 2008, for the use of
diflubenzuron on alfalfa grown for seed
PO 00000
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Fmt 4703
Sfmt 4703
2069
to control grasshoppers and mormon
crickets. This program ended on July 15,
2008. Contact: Libby Pemberton.
Pennsylvania
Department of Agriculture
Specific exemption: EPA authorized the
use of chlorantraniliprole on sweet corn
to control corn earworm; August 8, 2008
to October 30, 2008. Contact: Marcel
Howard.
Wisconsin
Department of Agriculture, Trade, and
Consumer Protection
Specific exemption: EPA authorized the
use of chlorantraniliprole on sweet corn
to control corn earworm; July 22, 2008
to September 30, 2008. Contact: Marcel
Howard.
Crisis: On August 30, 2008, for the use
of chlorpyrifos on ginseng to control soil
larvae. This program ended on
November 15, 2008. Contact: Stacey
Groce.
B. Federal Departments and Agencies
Agriculture Department
Animal and Plant Health Inspector
Service
Specific exemption: EPA authorized the
use of diflubenzuron on alfalfa grown
for hay to control Mormon Crickets
(Anabrus simplex) and Grasshoppers
(various spp.) (Family Acrididae); July
2, 2008 to October 1, 2008. This request
was granted on the basis that
diflubenzuron is preferable to registered
alternatives in potential impacts on
pollinators of the Spalding’s catchfly, a
threatened plant species endemic to the
proposed treatment area in Montana.
Contact: Libby Pemberton.
Defense Department
Quarantine exemption: On September
30, 2008, for the use of
paraformaldehyde to decontaminate
biological containment areas to prevent
the release of infectious
microorganisms. Contact: Princess
Campbell.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: January 2, 2009.
P.V. Shah,
Acting Director, Registration Division, Office
of Pesticide Programs.
[FR Doc. E9–502 Filed 1–13–09; 8:45 am]
BILLING CODE 6560–50–S
E:\FR\FM\14JAN1.SGM
14JAN1
]]>Agencies
[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2068-2069]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-502]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0894; FRL-8395-5]
Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
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, 2008 through September 30, 2008 to control
unforeseen pest outbreaks.
FOR FURTHER INFORMATION CONTACT: See each emergency exemption 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) 308-9366.
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. 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
of interest.
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-2008-0894. Publicly
available docket materials are available either electronically at
https://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 https://www.epa.gov/fedrgstr.
[[Page 2069]]
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, 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, 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
A. U. S. States and Territories
California
Environmental Protection Agency, Department of Pesticide Regulation
Public Health: On August 15, 2008, for the use of d-phenothrin over
agricultural fields to control mosquitoes that vector West Nile virus,
St Louis Encephalitis, and Western Equine Encephalitis. Contact:
Princess Campbell.
Delaware
Department of Agriculture
Specific exemption: EPA authorized the use of spiromesifen on soybeans
to control spider mites; August 13, 2008 to September 15, 2008.
Contact: Andrea Conrath.
Florida
Department of Agriculture and Consumer Services
Quarantine exemption: On September 25, 2008, for the use of naled to
eradicate tephritid fruit flies, responsive to the attractant, methyl
eugenol. Contact: Princess Campbell.
Idaho
Department of Agriculture
Specific exemption: EPA authorized the use of endothall in agricultural
irrigation canals in Twin Falls County to control various aquatic
weeds; September 30, 2008 to October 31, 2008. Contact: Andrea Conrath.
Illinois
Department of Agriculture
Specific exemption: EPA authorized the use of chlorantraniliprole on
sweet corn to control corn earworm; July 1, 2008 to October 10, 2008.
Contact: Marcel Howard.
Indiana
Office of Indiana State Chemist
Specific exemption: EPA authorized the use of chlorantraniliprole on
sweet corn to control corn earworm; August 5, 2008 to October 15, 2008.
Contact: Marcel Howard.
Minnesota
Department of Agriculture
Specific exemption: EPA authorized the use of chlorantraniliprole on
sweet corn to control corn earworm; July 1, 2008 to September 30, 2008.
Contact: Marcel Howard.
Crisis: On August 15, 2008, for the use of lamda-cyhalothrin on wild
rice to control rice worm. This program ended on August 29, 2008.
Contact: Andrew Ertman.
North Dakota
Department of Agriculture
Crisis: On July 24, 2008, for the use of tebuconazole on sunflowers to
control rust (Puccinia helianthi). This program ended on August 8,
2008. Contact: Libby Pemberton.
Ohio
Department of Agriculture
Specific exemption: EPA authorized the use of chlorantraniliprole on
sweet corn to control corn earworm; July 22, 2008 to September 30,
2008. Contact: Marcel Howard.
Oregon
Department of Agriculture
Crisis: On June 30, 2008, for the use of diflubenzuron on alfalfa grown
for seed to control grasshoppers and mormon crickets. This program
ended on July 15, 2008. Contact: Libby Pemberton.
Pennsylvania
Department of Agriculture
Specific exemption: EPA authorized the use of chlorantraniliprole on
sweet corn to control corn earworm; August 8, 2008 to October 30, 2008.
Contact: Marcel Howard.
Wisconsin
Department of Agriculture, Trade, and Consumer Protection
Specific exemption: EPA authorized the use of chlorantraniliprole on
sweet corn to control corn earworm; July 22, 2008 to September 30,
2008. Contact: Marcel Howard.
Crisis: On August 30, 2008, for the use of chlorpyrifos on ginseng to
control soil larvae. This program ended on November 15, 2008. Contact:
Stacey Groce.
B. Federal Departments and Agencies
Agriculture Department
Animal and Plant Health Inspector Service
Specific exemption: EPA authorized the use of diflubenzuron on alfalfa
grown for hay to control Mormon Crickets (Anabrus simplex) and
Grasshoppers (various spp.) (Family Acrididae); July 2, 2008 to October
1, 2008. This request was granted on the basis that diflubenzuron is
preferable to registered alternatives in potential impacts on
pollinators of the Spalding's catchfly, a threatened plant species
endemic to the proposed treatment area in Montana. Contact: Libby
Pemberton.
Defense Department
Quarantine exemption: On September 30, 2008, for the use of
paraformaldehyde to decontaminate biological containment areas to
prevent the release of infectious microorganisms. Contact: Princess
Campbell.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: January 2, 2009.
P.V. Shah,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E9-502 Filed 1-13-09; 8:45 am]
BILLING CODE 6560-50-S
