Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations, 28041-28044 [2019-12745]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Notices]
[Pages 28041-28044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12745]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2019-0050; FRL-9994-71]


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 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 October 1, 2018 to March 30, 2019, except for one granted in 
September 2018, to control unforeseen pest outbreaks. The item for the 
exemption granted in September 2018 was issued to the Wyoming 
Department of Agriculture for the use of indaziflam on rangeland, 
pastures, and areas subject to the conservation reserve program to 
control Medusahead and Ventenata. From the previous notice for this 
exemption, published in the notice for pesticide emergency exemption 
decisions from the February 14, 2019 Federal Register (84 FR 4063) 
(FRL-9987-70), the effective dates are corrected to be September 14, 
2018 to September 14, 2019.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Director, 
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: 
[email protected].

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:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     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.

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-2019-0050, 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

[[Page 28042]]

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 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 not denied any 
emergency exemptions 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, 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

Alabama
Department of Agriculture and Industries
    Specific exemptions: EPA authorized the use of the insecticide 
sulfoxaflor on a maximum of 45,000 acres of sorghum (grain and forage) 
to control sugarcane aphid. A time-limited tolerance in connection with 
this action has been established in 40 CFR 180.668(b). Effective April 
1, 2019 to October 31, 2019.
    EPA authorized the use of the insecticide sulfoxaflor on a maximum 
of 75,000 acres of cotton fields to control tarnished plant bug (Lygus 
lineolaris). Permanent tolerances in connection with a previous 
registration action have been established in 40 CFR 180.668(a). 
Effective June 1, 2019 to October 31, 2019.
Arkansas
State Plant Board
    Specific exemption: EPA authorized the use of the insecticide 
sulfoxaflor on a maximum of 420,000 acres of cotton fields to control 
tarnished plant bug (Lygus lineolaris). Permanent tolerances in 
connection with a previous registration action have been established in 
40 CFR 180.668(a). Effective June 1, 2019 to October 31, 2019.
California
Department of Pesticide Regulation
    Specific exemptions: EPA authorized the use of the insecticide 
sulfoxaflor on a maximum of 28,000 acres of strawberry fields to 
control Western tarnished plant bugs (Lygus bugs). A permanent 
tolerance in connection with a previous registration action has been 
established in 40 CFR 180.668(a). Effective October 22, 2018 to October 
22, 2019.
    EPA authorized the use of the insecticide sulfoxaflor on a maximum 
of 77,000 acres of sorghum (grain, forage, silage and stover) and 
Sudangrass grown for seed to control sugarcane aphid. A time-limited 
tolerance in connection with this action has been established in 40 CFR 
180.668(b). Effective November 8, 2018 to October 31, 2019.
    EPA authorized the use of the insecticide flonicamid on a maximum 
of 365 acres of prickly pear cactus fruit and nopalitos (pads) to 
control cochineal scale insects. Time-limited tolerances in connection 
with this action have been established in 40 CFR 180.613(b). Effective 
December 21, 2018 to August 31, 2019.
    EPA authorized the use of the insecticide indoxacarb on a maximum 
of 28,000 acres of mixed stands of alfalfa and grasses to control 
alfalfa weevils. Permanent tolerances are established for residues in 
alfalfa hay and alfalfa forage at 40 CFR 180.564(a), and time-limited 
tolerances in connection with this action will be established in 40 CFR 
180.564(b) in grass hay and grass forage to cover any residues that may 
result from this use. Effective March 20, 2019 to August 31, 2019.
    Quarantine exemption: EPA authorized the postharvest use of 
pyrethrins and piperonyl butoxide on a maximum of 250,000 acres of 
citrus to control Asian Citrus Psyllid (ACP), and limit the spread of 
Huanglongbing (HLB) vectored by ACP. Effective November 21, 2018 to 
April 9, 2021.
Florida
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the use of streptomycin and 
oxytetracycline on a maximum of 330,254 acres of citrus to manage 
Huanglongbing (HLB) or citrus greening disease caused by the bacteria, 
Candidatus Liberibacter Asiaticus. Time-limited tolerances in 
connection with these actions have been established at 40 CFR 
180.337(b) (oxytetracycline) and 180.245(b) (streptomycin). Effective 
December 31, 2018 to December 31, 2019.
    EPA authorized the use of the insecticide clothianidin on a maximum 
of 125,376 acres of immature (3 to 5 years old) citrus trees to manage 
the transmission of Huanglongbing (HLB) disease vectored by the Asian 
citrus psyllid. A time-limited tolerance in connection with this action 
was established in 40 CFR 180.668(b). Effective January 1, 2019 to 
October 31, 2019.
Georgia
Department of Agriculture
    Specific exemption: EPA authorized the use of the insecticide 
sulfoxaflor on a maximum of 50,000 acres of sorghum (grain and forage) 
to control sugarcane aphid. A time-limited tolerance in connection with 
this action has been established in 40 CFR 180.668(b). Effective May 1, 
2019 to December 1, 2019.
Idaho
Department of Agriculture
    Specific exemption: EPA authorized the use of the herbicide 
pyridate on a maximum of 9,500 acres of mint for postemergence control 
of herbicide-

[[Page 28043]]

resistant annual weeds such as redroot pigweed, Amaranthus retroflexus 
and other broadleaf weeds. Tolerances in connection with an earlier 
registration action are established in 40 CFR 180.462(a). Effective 
June 20, 2019 to August 10, 2019.
Indiana
Office of the Indiana State Chemist
    Specific exemption: EPA authorized the use of herbicide pyridate on 
a maximum of 11,200 acres of mint for postemergence control of 
herbicide-resistant annual weeds such as redroot pigweed, Armaranthus 
retroflexus and other broadleaf weeds. Tolerances in connection with an 
earlier registration action are established in 40 CFR 180.462(a). 
Effective May 18, 2019 to August 31, 2019.
Kansas
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 2,850,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b). Effective April 1, 
2019 to November 30, 2019.
Kentucky
Department of Agriculture
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 1,500 acres of sweet sorghum (forage and syrup) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.679(b). Effective May 8, 2019 
to November 15, 2019.
Louisiana
Department of Agriculture
    Specific exemptions: EPA authorized the use of the insecticide 
sulfoxaflor on a maximum of 180,000 acres of sorghum (grain and forage) 
to control sugarcane aphid. A time-limited tolerance in connection with 
this action has been established in 40 CFR 180.668(b). Effective April 
1, 2019 to October 31, 2019.
    EPA authorized the use of the insecticide sulfoxaflor on a maximum 
of 175,000 acres of cotton fields to control tarnished plant bug (Lygus 
lineolaris). Permanent tolerances in connection with a previous 
registration action have been established in 40 CFR 180.668(a). 
Effective April 1, 2019 to October 31, 2019.
Michigan
Department of Agriculture and Rural Development
    Specific exemption: EPA authorized the use of the herbicide 
pyridate on a maximum of 1,250 acres of mint for postemergence control 
of herbicide-resistant annual weeds such as redroot pigweed, 
Armaranthus retroflexus and other broadleaf weeds. Tolerances in 
connection with an earlier registration action are established in 40 
CFR 180.462(a). Effective May 18, 2019 to August 31, 2019.
Mississippi
Department of Agriculture and Commerce
    Specific exemptions: EPA authorized the use of the insecticide 
sulfoxaflor on a maximum of 115,000 acres of sorghum (grain and forage) 
to control sugarcane aphid. A time-limited tolerance in connection with 
this action has been established in 40 CFR 180.668(b). Effective May 1, 
2019 to October 31, 2019.
    EPA authorized the use of the insecticide sulfoxaflor on a maximum 
of 750,000 acres of cotton fields to control tarnished plant bug (Lygus 
lineolaris). Permanent tolerances in connection with a previous 
registration action have been established in 40 CFR 180.668(a). 
Effective June 1, 2019 to October 31, 2019.
Missouri
Department of Agriculture
    Specific exemption: EPA authorized the use of the insecticide 
sulfoxaflor on a maximum of 85,000 acres of sorghum (grain and forage) 
to control sugarcane aphid. A time-limited tolerance in connection with 
this action has been established in 40 CFR 180.668(b). Effective March 
27, 2019 to November 30, 2019.
    EPA authorized the use of the insecticide sulfoxaflor on a maximum 
of 241,500 acres of cotton fields to control tarnished plant bug (Lygus 
lineolaris). Permanent tolerances in connection with a previous 
registration action have been established in 40 CFR 180.668(a). 
Effective June 1, 2019 to October 31, 2019.
Montana
Department of Agriculture
    Specific exemption: EPA authorized the use of the fungicide 
ethaboxam as a seed treatment for field peas to control the fungal 
disease-causing organism Aphanomyces euteiches on field pea seed 
sufficient to plant 26,250 acres of field peas. This is a non-food/feed 
use so tolerances were not needed. Effective February 1, 2019 to 
December 31, 2019.
Oregon
Department of Agriculture
    Specific exemption: EPA authorized the use of the herbicide 
pyridate on a maximum of 5,200 acres of mint for postemergence control 
of herbicide-resistant annual weeds such as redroot pigweed, 
Armaranthus retroflexus and other broadleaf weeds. Tolerances in 
connection with an earlier registration action are established in 40 
CFR 180.462(a). Effective June 20, 2019 to August 10, 2019.
Pennsylvania
Department of Agriculture
    Specific exemption: EPA authorized the use of the insecticide 
etofenprox for use in mushroom cultivation on up to 16 million square 
feet (equivalent to 2,000 mushroom houses) to control Sciarid and 
Phorid fly species. Tolerances in connection with a previous action 
have been established in 40 CFR 180.620(a), to cover any residues as a 
result of this emergency exemption use. Effective February 7, 2019 to 
February 7, 2020.
Tennessee
Department of Agriculture
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 750 acres of sweet sorghum (forage and syrup) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.679(b). Effective June 1, 
2019 to November 15, 2019.
    EPA authorized the use of the insecticide sulfoxaflor on a maximum 
of 285,000 acres of cotton fields to control tarnished plant bug (Lygus 
lineolaris). Permanent tolerances in connection with a previous 
registration action have been established in 40 CFR 180.668(a). 
Effective June 1, 2019 to September 30, 2019.
Texas
Department of Agriculture
    Crisis exemption: EPA authorized the use of the insecticide 
thiamethoxam on a maximum of 100,000 acres of commercial rice fields to 
control rice delphacid (Tagosodes orizicolus). Time-limited tolerances 
for thiamethoxam in connection with this action will be established in 
40 CFR 180.565(b). Section 18 use of thiamethoxam on rice results in 
potential clothianidin (a major metabolite of thiamethoxam) residues, 
that when combined with the residues

[[Page 28044]]

from the Section 3 use of clothianidin on rice, requires an increase in 
the tolerance for residues of clothianidin in rice. Therefore, a time-
limited tolerance will be established in 40 CFR 180.586(b) to cover 
residues of clothianidin. Effective October 31, 2018 to November 9, 
2018.
    Quarantine exemption: EPA authorized the use of the insecticide 
thiamethoxam on a maximum of 190,000 acres of commercial rice fields to 
control rice delphacid (Tagosodes orizicolus). Time-limited tolerances 
for thiamethoxam in connection with this action will be established in 
40 CFR 180.565(b). Section 18 use of thiamethoxam on rice results in 
potential clothianidin (a major metabolite of thiamethoxam) residues, 
that when combined with the residues from the section 3 use of 
clothianidin on rice, requires an increase in the tolerance for 
residues of clothianidin in rice. Therefore, a time-limited tolerance 
will be established in 40 CFR 180.586(b) to cover residues of 
clothianidin. Effective March 3, 2019 to November 9, 2021.
    Specific exemptions: EPA authorized the use of the insecticide 
sulfoxaflor on a maximum of 5.5 million acres of cotton fields to 
control tarnished plant bug (Lygus lineolaris). Permanent tolerances in 
connection with a previous registration action have been established in 
40 CFR 180.668(a). Effective March 1, 2019 to October 31, 2019.
    EPA authorized the use of the insecticide sulfoxaflor on a maximum 
of 3,000,000 acres of sorghum (grain and forage) to control sugarcane 
aphid. A time-limited tolerance in connection with this action has been 
established in 40 CFR 180.668(b). Effective April 1, 2019 to November 
30, 2019.
Virginia
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the use of the insecticide 
sulfoxaflor on a maximum of 16,591 acres of sorghum (grain and forage) 
to control sugarcane aphid. A time-limited tolerance in connection with 
this action has been established in 40 CFR 180.668(b). Effective March 
27, 2019 to November 30, 2019.
    EPA authorized the use of the insecticide sulfoxaflor on a maximum 
of 100,000 acres of cotton fields to control tarnished plant bug (Lygus 
lineolaris). Permanent tolerances in connection with a previous 
registration action have been established in 40 CFR 180.668(a). 
Effective June 1, 2019 to October 1, 2019.
Washington
Department of Agriculture
    Specific exemption: EPA authorized the use of the herbicide 
pyridate on a maximum of 16,000 acres of mint for postemergence control 
of herbicide-resistant annual weeds such as redroot pigweed, Amaranthus 
retroflexus and other broadleaf weeds. Tolerances in connection with an 
earlier registration action are established in 40 CFR 180.462(a). 
Effective May 21, 2019 to August 31, 2019.
Wisconsin
Department of Agriculture
    Specific exemption: EPA authorized the use of the herbicide 
pyridate on a maximum of 3,100 acres of mint for postemergence control 
of herbicide-resistant annual weeds such as redroot pigweed, 
Armaranthus retroflexus and other broadleaf weeds. Tolerances in 
connection with an earlier registration action are established in 40 
CFR 180.462(a). Effective May 18, 2019 to August 31, 2019.

B. Federal Departments and Agencies

Agriculture Department
Animal and Plant Health Inspection Service
    Quarantine exemptions: EPA authorized the use of a mixture of 
potassium peroxymonosulfate and propylene glycol for disinfection of 
nonporous surfaces associated with poultry facilities infected with 
highly pathogenic avian influenza virus. Effective January 20, 2019 to 
January 20, 2022.
    EPA authorized the use of citric acid to treat for disinfection of 
porous and nonporous surfaces contaminated with foot-and-mouth disease 
virus, African swine fever virus, low pathogenic avian influenza virus, 
and high pathogenic avian flu influenza virus. Effective February 6, 
2019 to February 6, 2022.

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

    Dated: June 10, 2019.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2019-12745 Filed 6-14-19; 8:45 am]
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