Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations, 76481-76482 [2015-31055]

Download as PDF Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices basis as noted above. EPA also notes that entities with wholly past violations and no outstanding noncompliance likely face little, if any, risk of citizen suit exposure. Accordingly, regardless whether the disclosed violations are resolved, EPA is optimistic that responsible disclosing entities will not be dissuaded from disclosing violations. IV. Applicability The Audit Policy, Small Business Compliance Policy, and New Owner Policy are policies that guide the Agency in the exercise of its enforcement discretion. They are not rules or regulations, and they are not intended, nor can they be relied upon, to create any rights enforceable by any party in litigation with the United States. The policies and how they are implemented may be revised without public notice to reflect changes in EPA’s approach to providing incentives for self-policing by regulated entities, or to clarify and update the policies as necessary. IV. Effective Date These modifications to the implementation of EPA’s Audit Policy and Small Business Compliance Policy are effective on December 9, 2015. Dated: November 30, 2015. Cynthia Giles, Assistant Administrator for Enforcement and Compliance Assurance. [FR Doc. 2015–30928 Filed 12–8–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2015–0301; FRL–9939–34] Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: 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, 2015 to September 30, 2015 to control unforeseen pest outbreaks. FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; main telephone mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:21 Dec 08, 2015 Jkt 238001 76481 1. A ‘‘specific exemption’’ authorizes use of a pesticide against specific pests on a limited acreage in a particular State. Most emergency exemptions are I. General Information specific exemptions. 2. ‘‘Quarantine’’ and ‘‘public health’’ A. Does this action apply to me? exemptions are emergency exemptions You may be potentially affected by issued for quarantine or public health this action if you are an agricultural purposes. These are rarely requested. producer, food manufacturer, or 3. A ‘‘crisis exemption’’ is initiated by pesticide manufacturer. The following a State or Federal agency (and is list of North American Industrial confirmed by EPA) when there is Classification System (NAICS) codes is insufficient time to request and obtain not intended to be exhaustive, but rather EPA permission for use of a pesticide in provides a guide to help readers an emergency. determine whether this document EPA may deny an emergency applies to them. Potentially affected exemption: If the State or Federal entities may include: agency cannot demonstrate that an • Crop production (NAICS code 111). emergency exists, if the use poses • Animal production (NAICS code unacceptable risks to the environment, 112). or if EPA cannot reach a conclusion that • Food manufacturing (NAICS code the proposed pesticide use is likely to 311). result in ‘‘a reasonable certainty of no • Pesticide manufacturing (NAICS harm’’ to human health, including code 32532). exposure of residues of the pesticide to If you have any questions regarding infants and children. the applicability of this action to a If the emergency use of the pesticide particular entity, consult the person on a food or feed commodity would listed at the end of the emergency result in pesticide chemical residues, exemption or denial. EPA establishes a time-limited tolerance B. How can I get copies of this document meeting the ‘‘reasonable certainty of no and other related information? harm standard’’ of the Federal Food, The docket for this action, identified Drug, and Cosmetic Act (FFDCA). In this document: EPA identifies the by docket identification (ID) number EPA–HQ–OPP–2015–0301 is available State or Federal agency granted the at https://www.regulations.gov or at the exemption or denial, the type of Office of Pesticide Programs Regulatory exemption, the pesticide authorized and Public Docket (OPP Docket) in the the pests, the crop or use for which Environmental Protection Agency authorized, number of acres (if Docket Center (EPA/DC), West William applicable), and the duration of the Jefferson Clinton Bldg., Rm. 3334, 1301 exemption. EPA also gives the Federal Constitution Ave. NW., Washington, DC Register citation for the time-limited 20460–0001. The Public Reading Room tolerance, if any. is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal III. Emergency Exemptions and Denials holidays. The telephone number for the A. U.S. States and Territories Public Reading Room is (202) 566–1744, California and the telephone number for the OPP Docket is (703) 305–5805. Please review Department of Environmental Protection the visitor instructions and additional Crisis exemption: On August 27, 2015 information about the docket available the California Department of at https://www.epa.gov/dockets. Environmental Protection declared a crisis for the use of methoxyfenozide on II. Background rice to control armyworms. EPA has granted or denied emergency Delaware exemptions to the following State and Federal agencies. The emergency Department of Agriculture exemptions may take the following Specific Exemption: EPA authorized form: Crisis, public health, quarantine, the use of dinotefuran on pome fruit and or specific. EPA has also listed denied stone fruit to control the brown emergency exemption requests in this marmorated stinkbug; July 16, 2015 to notice. October 15, 2015. Under FIFRA section 18 (7 U.S.C. 136p), EPA can authorize the use of a Florida pesticide when emergency conditions Department of Agriculture and exist. Authorizations (commonly called Consumer Services emergency exemptions) are granted to Specific Exemption: EPA authorized State and Federal agencies and are of the use of streptomycin sulfate on four types: number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\09DEN1.SGM 09DEN1 76482 Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices Kentucky Department of Agriculture Specific Exemption: EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; August 10, 2015 to November 30, 2015. Maryland Department of Agriculture Specific Exemption: EPA authorized the use of dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; July 16, 2015 to October 15, 2015. Crisis exemptions: On July 7, 2015 the Maryland Department of Health and Mental Hygiene declared crisis exemptions for the use of ethylene oxide, formaldehyde, hydrogen peroxide, paracetic acid, and sodium hypochlorite to inactivate Bacillus anthracis (anthrax) spores in laboratories that processed samples originating from Dugway Proving Ground potentially containing viable anthrax spores. Michigan Department of Agriculture and Rural Development Specific Exemption: EPA authorized the use of dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; July 16, 2015 to November 30, 2015. Mississippi Department of Agriculture and Commerce Denial: On July 27, 2015 EPA denied the use of a pesticide product containing the active ingredient thiamethoxam on sorghum to control sugarcane aphid. This request was denied because the Agency determined the situation did not meet criteria to be considered an urgent and non-routine situation, and a specific exemption under section 18 was not justified. New Jersey mstockstill on DSK4VPTVN1PROD with NOTICES Department of Environmental Protection Specific Exemptions: EPA authorized the use of dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; September 15, 2015 to October 15, 2015. EPA authorized the use of bifenthrin on apple, peach and nectarine to control the brown marmorated stinkbug; September 21, 2015 to October 15, 2015. 18:21 Dec 08, 2015 Jkt 238001 West Virginia Department of Agriculture Specific Exemption: EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; August 28, 2015 to November 30, 2015. Department of Agriculture Specific Exemption: EPA authorized the use of dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; July 16, 2015 to October 15, 2015. New York B. Federal Departments and Agencies Department of Agriculture Specific Exemption: EPA authorized the use of bifenthrin on apple, peach and nectarine to control the brown marmorated stinkbug; July 30, 2015 to October 15, 2015. North Carolina Department of Health and Mental Hygiene VerDate Sep<11>2014 New Mexico Department of Environmental Conservation grapefruit to control citrus canker; July 1, 2015 to July 1, 2016. Department of Agriculture and Consumer Services Specific Exemptions: EPA authorized the use of dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; July 16, 2015 to October 15, 2015. EPA authorized the use of sulfoxaflor on sorghum to control sugarcane aphid; July 16, 2015 to November 30, 2015. Pennsylvania Department of Agriculture Animal and Plant Health Inspection Service Quarantine Exemptions: EPA authorized the use of sodium chlorite to produce chlorine dioxide gas for decontamination of poultry facilities from avian influenza virus; August 4, 2015 to August 4, 2018. EPA authorized the use of sodium hypochlorite on surfaces to decontaminate from foot and mouth disease, African swine flu and classical swine flu; September 17, 2015 to September 17, 2018. EPA authorized the uses of sodium hypochlorite and sodium hydroxide to decontaminate surfaces potentially exposed to prions, the causal agents of transmissible spongiform encephalitic diseases in livestock; September 25, 2015 to September 25, 2018. Authority: 7 U.S.C. 136 et seq. Specific Exemption: EPA authorized the use of dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; July 16, 2015 to October 15, 2015. Dated: December 2, 2015. Susan Lewis, Director, Registration Division, Office of Pesticide Programs. South Dakota BILLING CODE 6560–50–P [FR Doc. 2015–31055 Filed 12–8–15; 8:45 am] Department of Agriculture Specific Exemption: EPA authorized the use of hop beta acids on beehives to control the varroa mite; August 19, 2015 to December 31, 2015. Tennessee Health Department Crisis exemption: On July 29, 2015 the Tennessee Health Department declared a crisis for the use of hydrogen peroxide to inactivate Bacillus anthracis (anthrax) spores in laboratories that processed samples originating from Dugway Proving Ground potentially containing viable anthrax spores. Virginia Department of Agriculture and Consumer Services Specific Exemption: EPA authorized the use of dinotefuran on pome fruit and stone fruit to control the brown marmorated stinkbug; July 16, 2015 to October 15, 2015. PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–RCRA–2015–0732, FRL–9939–97– OSWER] Agency Information Collection Activities; Proposed Collection; Comment Request; Identification of Non-Hazardous Secondary Materials That Are Solid Waste (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), Identification of Non-Hazardous Secondary Materials That Are Solid Waste (Renewal) (EPA ICR No. 2382.04, OMB Control No. 2050–0205) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public SUMMARY: E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Notices]
[Pages 76481-76482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31055]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0301; FRL-9939-34]


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, 2015 to September 30, 2015 to control 
unforeseen pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: RDFRNotices@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]Pesticide manufacturing (NAICS code 32532).
    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 or denial.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2015-0301 is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at https://www.epa.gov/dockets.

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 (7 U.S.C. 136p), 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 emergency 
exemptions 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

California
Department of Environmental Protection
    Crisis exemption: On August 27, 2015 the California Department of 
Environmental Protection declared a crisis for the use of 
methoxyfenozide on rice to control armyworms.
Delaware
Department of Agriculture
    Specific Exemption: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; July 
16, 2015 to October 15, 2015.
Florida
Department of Agriculture and Consumer Services
    Specific Exemption: EPA authorized the use of streptomycin sulfate 
on

[[Page 76482]]

grapefruit to control citrus canker; July 1, 2015 to July 1, 2016.
Kentucky
Department of Agriculture
    Specific Exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphid; August 10, 2015 to November 30, 
2015.
Maryland
Department of Agriculture
    Specific Exemption: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; July 
16, 2015 to October 15, 2015.
Department of Health and Mental Hygiene
    Crisis exemptions: On July 7, 2015 the Maryland Department of 
Health and Mental Hygiene declared crisis exemptions for the use of 
ethylene oxide, formaldehyde, hydrogen peroxide, paracetic acid, and 
sodium hypochlorite to inactivate Bacillus anthracis (anthrax) spores 
in laboratories that processed samples originating from Dugway Proving 
Ground potentially containing viable anthrax spores.
Michigan
Department of Agriculture and Rural Development
    Specific Exemption: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; July 
16, 2015 to November 30, 2015.
Mississippi
Department of Agriculture and Commerce
    Denial: On July 27, 2015 EPA denied the use of a pesticide product 
containing the active ingredient thiamethoxam on sorghum to control 
sugarcane aphid. This request was denied because the Agency determined 
the situation did not meet criteria to be considered an urgent and non-
routine situation, and a specific exemption under section 18 was not 
justified.
New Jersey
Department of Environmental Protection
    Specific Exemptions: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; 
September 15, 2015 to October 15, 2015.
    EPA authorized the use of bifenthrin on apple, peach and nectarine 
to control the brown marmorated stinkbug; September 21, 2015 to October 
15, 2015.
New Mexico
Department of Agriculture
    Specific Exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphid; August 28, 2015 to November 30, 
2015.
New York
Department of Environmental Conservation
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach and nectarine to control the brown marmorated stinkbug; July 30, 
2015 to October 15, 2015.
North Carolina
Department of Agriculture and Consumer Services
    Specific Exemptions: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; July 
16, 2015 to October 15, 2015.
    EPA authorized the use of sulfoxaflor on sorghum to control 
sugarcane aphid; July 16, 2015 to November 30, 2015.
Pennsylvania
Department of Agriculture
    Specific Exemption: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; July 
16, 2015 to October 15, 2015.
South Dakota
Department of Agriculture
    Specific Exemption: EPA authorized the use of hop beta acids on 
beehives to control the varroa mite; August 19, 2015 to December 31, 
2015.
Tennessee
Health Department
    Crisis exemption: On July 29, 2015 the Tennessee Health Department 
declared a crisis for the use of hydrogen peroxide to inactivate 
Bacillus anthracis (anthrax) spores in laboratories that processed 
samples originating from Dugway Proving Ground potentially containing 
viable anthrax spores.
Virginia
Department of Agriculture and Consumer Services
    Specific Exemption: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; July 
16, 2015 to October 15, 2015.
West Virginia
Department of Agriculture
    Specific Exemption: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; July 
16, 2015 to October 15, 2015.

B. Federal Departments and Agencies

Department of Agriculture
Animal and Plant Health Inspection Service
    Quarantine Exemptions: EPA authorized the use of sodium chlorite to 
produce chlorine dioxide gas for decontamination of poultry facilities 
from avian influenza virus; August 4, 2015 to August 4, 2018.
    EPA authorized the use of sodium hypochlorite on surfaces to 
decontaminate from foot and mouth disease, African swine flu and 
classical swine flu; September 17, 2015 to September 17, 2018.
    EPA authorized the uses of sodium hypochlorite and sodium hydroxide 
to decontaminate surfaces potentially exposed to prions, the causal 
agents of transmissible spongiform encephalitic diseases in livestock; 
September 25, 2015 to September 25, 2018.

    Authority:  7 U.S.C. 136 et seq.

    Dated: December 2, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-31055 Filed 12-8-15; 8:45 am]
BILLING CODE 6560-50-P
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