Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations, 96-99 [2019-28333]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 1 (Thursday, January 2, 2020)]
[Notices]
[Pages 96-99]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28333]



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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2019-0050; FRL-10003-03]


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 April 1, 2019 to September 30, 2019 to control unforeseen 
pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Michael 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 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.
    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 dinotefuran on a 
maximum of 175 acres of fuzzy kiwifruit fields to control brown 
marmorated stink bug. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.603(b); Effective April 25, 
2019 to October 31, 2019.
    EPA authorized the use of fenpropathrin on a maximum of 175 acres 
of fuzzy kiwifruit fields to control brown marmorated stink bug. A 
time-limited tolerance in connection with this action has been 
established in 40 CFR 180.466(b); Effective May 24, 2019 to October 31, 
2019.
Arizona
Department of Agriculture
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 150,000 acres of cotton fields to control tarnished plant 
bug (Lygus spp.). Permanent tolerances in connection with a previous 
registration have been established in 40 CFR 180.668(a); Effective June 
1, 2019 to October 31, 2019.
    EPA authorized the use of sulfoxaflor on a maximum of 26,000 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 June 6, 2019 to November 30, 2019.
    Crisis exemption: EPA authorized the use of zeta-cypermethrin on a 
maximum of 47 acres of guayule for control of pale striped flea beetle. 
Effective April 26, 2019 to May 10, 2019.
Arkansas
State Plant Board
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 200 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.
California
Department of Pesticide Regulation
    Specific exemptions: EPA authorized the use of the antibiotic 
streptomycin on a maximum of 23,000 acres of citrus to manage 
Huanglongbing (HLB), also called citrus greening disease, caused by

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the bacterium Candidatus Liberibacter Asiaticus. Time-limited 
tolerances in connection with this action have been established at 40 
CFR 180.245(b). Effective April 3, 2019 to April 3, 2020.
    EPA authorized the use of sulfoxaflor on a maximum of 270,000 acres 
of cotton fields to control Western tarnished plant bug (Lygus spp.). 
Permanent tolerances in connection with a previous registration have 
been established in 40 CFR 180.668(a). Effective May 15, 2019 to 
October 31, 2019.
    EPA authorized the use of methoxyfenozide on a maximum of 100,000 
acres of rice to control armyworm (Mythimna unipuncta) and Western 
Yellowstriped Armyworm (Spodoptera praefica). A time-limited tolerance 
in connection with this action has been established in 40 CFR 
180.544(b). Effective June 14, 2019 to October 4, 2019.
    EPA authorized the use of bifenthrin on a maximum of 18,000 acres 
of pomegranates to control leaffooted plant bug. A time-limited 
tolerance in connection with this action has been established in 40 CFR 
180.442(b). Effective July 23, 2019 to December 31, 2019.
Colorado
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 500,000 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 June 1, 
2019 to September 30, 2019.
Georgia
Department of Agriculture
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 200 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 April 22, 
2019 to November 15, 2019.
Kentucky
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 1,300 acres of sweet 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 3, 2019 
to November 30, 2019.
Louisiana
Department of Agriculture and Forestry
    Quarantine exemption: EPA authorized the use of fipronil as an 
expansion of the registered use, to control an invasive Caribbean crazy 
ant species (commonly referred to as the tawny crazy ant) around the 
outside of manmade structures in counties where the ant has been 
confirmed; Effective April 22, 2019 to April 22, 2022.
Maryland
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 3,570 acres of apples, peaches, and nectarines to control 
the brown marmorated stinkbug. Time-limited tolerances in connection 
with past actions were established in 40 CFR 180.442(b). Effective May 
6, 2019 to October 15, 2019.
    EPA authorized the use of dinotefuran on a maximum of 3,730 acres 
of pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in 
40 CFR 180.603(b). Effective June 15, 2019 to October 15, 2019. Since 
this request proposed a use for which an emergency exemption has been 
requested for more 5 or more previous years (and supported by the 
Interregional Research Project Number 4 (IR-4) program) and a 
registration application or tolerance petition has not been submitted 
to EPA, in accordance with the requirements at 40 CFR 166.24, a notice 
of receipt published in the Federal Register on May 8, 2019 (84 FR 
20121) (FRL-9992-45) with the public comment period closing on May 23, 
2019.
    Quarantine Exemption: EPA authorized the use of potassium chloride 
in a quarry in Carroll County to eradicate the invasive zebra mussel. 
Effective May 13, 2019 to May 13, 2022. Since this request proposed a 
use for a new chemical which has not been registered by EPA as a 
pesticide, in accordance with the requirements at 40 CFR 166.24, a 
notice of receipt published in the Federal Register on March 25, 2019 
(84 FR 11086) (FRL-9990-83) with the public comment period closing on 
April 9, 2019.
Massachusetts
Department of Agriculture and Resource
    Specific exemption: EPA authorized the use of pronamide on a 
maximum of 5,000 acres of cranberries to control dodder. A time-limited 
tolerance in connection with this action has been established in 40 CFR 
180.317(b). Effective May 2, 2019 to June 30, 2019.
Michigan
Department of Agriculture and Rural Development
    Specific exemption: EPA authorized the use of mefentrifluconazole 
on a maximum of 147,000 acres of sugarbeets to control cercospora leaf 
spot. A tolerance was established in connection with registration of 
this use at 40 CFR 180.705. Effective May 31, 2019 to September 25, 
2019. Since this request proposed a use for a new chemical, which had 
not been registered by EPA as a pesticide at that time in accordance 
with the requirements at 40 CFR 166.24, a notice of receipt published 
in the Federal Register on May 9, 2019 (84 FR 20353) (FRL-9992-75) with 
the public comment period closing on May 24, 2019.
    Quarantine exemption: EPA authorized the use of pyrethrins and 
piperonyl butoxide to Eradicate Red Swamp Crayfish, Procambarus 
clarkii, on a maximum of 1.88 acres across five ponds in southeast 
Michigan. Effective August 26, 2019 to August 26, 2022.
Mississippi
Department of Agriculture and Commerce
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 1,000 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.
    Quarantine exemption: EPA authorized the use of fipronil as an 
expansion of the registered use, to control an invasive Caribbean crazy 
ant species (commonly referred to as the tawny crazy ant) around the 
outside of manmade structures in counties where the ant has been 
confirmed; Effective April 22, 2019 to April 22, 2022.
Minnesota
Department of Agriculture
    Specific exemption: EPA authorized the use of mefentrifluconazole 
on a maximum of 200,534 acres of sugarbeets to control cercospora leaf 
spot. A tolerance was established in connection with registration of 
this use at 40 CFR 180.705. Effective May 31, 2019 to September 25, 
2019. Since this request proposed a use for a new chemical, which had 
not been registered by EPA as a pesticide at that time in accordance 
with the requirements at 40 CFR 166.24, a notice of receipt published 
in the

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Federal Register on May 9, 2019 with the public comment period closing 
on May 24, 2019.
Montana
Department of Agriculture
    Specific exemption: EPA authorized the use of indaziflam on a 
maximum of 55,000 acres of rangeland, pastures and areas subject to the 
conservation reserve program (CRP) to control medusahead and ventenata. 
Time-limited tolerances in connection with this action have been 
established in 40 CFR 180.653(b). Effective August 23, 2019 to August 
1, 2020.
Nevada
Department of Agriculture
    Specific exemption: EPA authorized the use of indaziflam on a 
maximum of 100,000 acres of rangeland, pastures and CRP to control 
medusahead and ventenata. Time-limited tolerances in connection with 
this action have been established in 40 CFR 180.653(b). Effective July 
23, 2019 to March 27, 2020.
New York
Department of Environmental Conservation
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 7,521 acres of apples, peaches, and nectarines to control 
the brown marmorated stinkbug. Time-limited tolerances in connection 
with past actions were established in 40 CFR 180.442(b). Effective July 
24, 2019 to October 15, 2019.
North Carolina
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the postharvest use of 
thiabendazole on a maximum of 95,000 acres of sweet potatoes to control 
black rot (Ceratocystis fimbriata). A time-limited tolerance in 
connection with this action has been established in 40 CFR 180.242(b). 
Effective April 3, 2019 to April 3, 2020.
    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 April 3, 2019 to November 15, 2019.
    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 April 3, 2019 to November 
30, 2019.
    EPA authorized the use of sulfoxaflor on a maximum of 425,000 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 May 1, 2019 to 
October 31, 2019.
    EPA authorized the use of bifenthrin on a maximum of 3,000 acres of 
apples, peaches, and nectarines to control the brown marmorated 
stinkbug. Time-limited tolerances in connection with past actions were 
established in 40 CFR 180.442(b). Effective July 24, 2019 to October 
15, 2019.
    EPA authorized the use of dinotefuran on a maximum of 4,000 acres 
of pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in 
40 CFR 180.603(b). Effective July 24, 2019 to October 15, 2019. Since 
this request proposed a use for which an emergency exemption has been 
requested for more 5 or more previous years (and supported by the IR-4 
program) and a registration application or tolerance petition has not 
been submitted to EPA, in accordance with the requirements at 40 CFR 
166.24, a notice of receipt published in the Federal Register on May 8, 
2019 with the public comment period closing on May 23, 2019.
North Dakota
Department of Agriculture
    Specific exemption: EPA authorized the use of mefentrifluconazole 
on a maximum of 28,502 acres of sugarbeets to control cercospora leaf 
spot. A tolerance was established in connection with registration of 
this use at 40 CFR 180.705. Effective May 31, 2019 to September 25, 
2019. Since this request proposed a use for a new chemical, which had 
not been registered by EPA as a pesticide at that time in accordance 
with the requirements at 40 CFR 166.24, a notice of receipt published 
in the Federal Register on May 9, 2019 with the public comment period 
closing on May 24, 2019.
Oklahoma
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 300,000 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 13, 
2019 to November 30, 2019.
    EPA authorized the use of sulfoxaflor on a maximum of 700,000 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 May 13, 2019 to 
October 30, 2019.
 Pennsylvania
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 24,974 acres of apples, peaches, and nectarines to control 
the brown marmorated stinkbug. Time-limited tolerances in connection 
with past actions were established in 40 CFR 180.442(b). Effective May 
24, 2019 to October 15, 2019.
    EPA authorized the use of dinotefuran on a maximum of 24,974 acres 
of pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in 
40 CFR 180.603(b). Effective June 15, 2019 to October 15, 2019. Since 
this request proposed a use for which an emergency exemption has been 
requested for more 5 or more previous years (and supported by the IR-4 
program) and a registration application or tolerance petition has not 
been submitted to EPA, in accordance with the requirements at 40 CFR 
166.24, a notice of receipt published in the Federal Register on May 8, 
2019 with the public comment period closing on May 23, 2019.
South Carolina
 Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 19,600 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 23, 
2019 to November 30, 2019.
South Dakota
Department of Agriculture
    Specific exemption: EPA authorized the use of pyridate on a maximum 
of 910 acres of double-cut mint for postemergence control of herbicide-
resistant annual weeds such as Redroot pigweed, Armaranthus 
retroflexus, common lambquarters, kochia and Russian thistle. 
Tolerances in connection with an earlier registration action are 
established in 40 CFR 180.462(a); July 1, 2019 to August 31, 2019.

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Texas
Department of Agriculture
    Specific exemption: EPA authorized the use of clothianidin on a 
maximum of 4,000 acres of immature citrus trees to manage the 
transmission of HLB disease vectored by the Asian citrus psyllid. A 
time-limited tolerance in connection with this action was established 
in 40 CFR 180.586(b); Effective May 7, 2019 to May 7, 2020.
    Quarantine exemption: EPA authorized the use of fipronil as an 
expansion of the registered use, to control an invasive Caribbean crazy 
ant species (commonly referred to as the tawny crazy ant) around the 
outside of manmade structures in counties where the ant has been 
confirmed; Effective May 6, 2019 to May 6, 2022.
Virginia
 Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 29,000 acres of apples, peaches, and nectarines to control 
the brown marmorated stinkbug. Time-limited tolerances in connection 
with past actions were established in 40 CFR 180.442(b). Effective May 
6, 2019 to October 15, 2019.
    EPA authorized the use of dinotefuran on a maximum of 29,000 acres 
of pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in 
40 CFR 180.603(b). Effective June 15, 2019 to October 15, 2019. Since 
this request proposed a use for which an emergency exemption has been 
requested for more 5 or more previous years (and supported by the IR-4 
program) and a registration application or tolerance petition has not 
been submitted to EPA, in accordance with the requirements at 40 CFR 
166.24, a notice of receipt published in the Federal Register on May 8, 
2019 with the public comment period closing on May 23, 2019.
Washington
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 22,500 acres of alfalfa grown for seed to control lygus bugs 
(Lygus hesperus, Lygus elisus, and other Lygus spp.). Alfalfa grown for 
seed in Washington is a non-food/non-feed use; Effective June 15, 2019 
to August 31, 2019.
    EPA authorized the use of lambda-cyhalothrin on a maximum of 7,000 
acres of asparagus to control the European asparagus aphid. Effective 
June 15, 2019 to October 30, 2019. Since this request proposed a use 
for which an emergency exemption has been requested for more five or 
more previous years (and supported by the IR-4 program) and a 
registration application or tolerance petition has not been submitted 
to EPA, in accordance with the requirements at 40 CFR 166.24, a notice 
of receipt published in the Federal Register on May 20, 2019 (84 FR 
22840) (FRL-9992-90) with the public comment period closing on June 4, 
2019.
 West Virginia
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 5,986 acres of apples, peaches, and nectarines to control 
the brown marmorated stinkbug. Time-limited tolerances in connection 
with past actions were established in 40 CFR 180.442(b). Effective 
August 22, 2019 to October 15, 2019.
    EPA authorized the use of dinotefuran on a maximum of 5,986 acres 
of pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in 
40 CFR 180.603(b). Effective July 24, 2019 to October 15, 2019. Since 
this request proposed a use for which an emergency exemption has been 
requested for more 5 or more previous years (and supported by the IR-4 
program) and a registration application or tolerance petition has not 
been submitted to EPA, in accordance with the requirements at 40 CFR 
166.24, a notice of receipt published in the Federal Register on May 8, 
2019 with the public comment period closing on May 23, 2019.
Wyoming
Department of Agriculture
    Specific exemption: EPA authorized the use of indaziflam on a 
maximum of 300,000 acres of rangeland, pastures and CRP to control 
medusahead and ventenata. Time-limited tolerances in connection with 
this action have been established in 40 CFR 180.653(b). Effective 
September 14, 2019 to September 14, 2020.

B. Federal Departments and Agencies

Defense Department
    Crisis exemption: EPA concurred upon a crisis exemption declared by 
the 23D Marine Regiment to treat field uniforms with etofenprox to 
repel ticks, during a field training exercise in an area known to 
harbor disease-carrying ticks. Effective August 1, 2019 to August 15, 
2019.
National Aeronautics and Space Administration
    Specific exemption: EPA authorized use of ortho-phthalaldehyde, 
immobilized to a porous resin, to treat the International Space Station 
(ISS) internal active thermal control system (IATCS) coolant for 
control of aerobic and microaerophilic water bacteria and unidentified 
gram-negative rods. Effective July 24, 2019 to July 24, 2020. This 
request was granted because without this use, the ISS would have no 
means of controlling microorganisms in the IATCS because there are no 
registered alternatives available which meet the required criteria. 
Since this request proposed a use of a new (unregistered) chemical, in 
accordance with the requirements at 40 CFR 166.24, a notice of receipt 
published in the Federal Register on June 14, 2019 (84 FR 27776) (FRL-
9994-52) with the public comment period closing on July 1, 2019.

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

    Dated: December 18, 2019.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2019-28333 Filed 12-31-19; 8:45 am]
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