Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations, 64144-64147 [2020-22418]
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64144
Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
data the manufacturer has considered in
the analysis.
Finally, the alternative methodology
must be approved by EPA prior to the
manufacturer using it to generate
credits. As part of the review process
defined by regulation, the alternative
methodology submitted to EPA for
consideration must be made available
for public comment.4 EPA will consider
public comments as part of its final
decision to approve or deny the request
for off-cycle credits.
II. Off-Cycle Credit Applications
A. Cold-Storage Evaporator
Toyota is applying for off-cycle GHG
credits for the use of Cold-Storage
Evaporator HVAC Technology. This
technology utilizes phase change
material in the HVAC evaporator of
vehicles equipped with engine Start &
Stop technology to extend the time that
cold air can be delivered to the cabin
with the engine and compressor off.
This reduces the amount of time the
engine would otherwise operate solely
for the purpose of cooling the cabin.
Toyota is applying for a credit of 0.8
or 1.3 grams/mile (dependent on HVAC
configuration) for 2017 and later model
years vehicles sold in the U.S. and
equipped with the cold storage
evaporator. Details of the testing and
analysis can be found in the
manufacturer’s applications.
B. Denso LE40 Low Power Compressor
Clutch
Toyota is applying for off-cycle GHG
credits for the use of the DENSO LE40
compressor clutch. The LE40
compressor clutch is designed to
improve the compressor efficiency by
reducing the electric current required to
transmit torque from the engine to the
compressor.
Toyota is applying for a credit of 0.3
grams/mile for 2016 and later model
years for vehicles sold in the U.S. and
equipped with the Denso LE40
Compressor Clutch. EPA considers this
compressor clutch technology to be a
technology that, if approved, will be
subject to the maximum limits for an
A/C system of 5.0 g/mi for passenger
automobiles and 7.2 g/mi for light
trucks specified in the regulations.5
Details of the testing and analysis can be
found in the manufacturer’s
applications.
C. Seat Heater Engine Control
Technology
Toyota is applying for off-cycle GHG
credits for a hybrid control strategy that
4 See
5 See
17:26 Oct 08, 2020
III. EPA Decision Process
EPA has reviewed the applications for
completeness and is now making the
applications available for public review
and comment as required by the
regulations. The off-cycle credit
applications submitted by the
manufacturers (with confidential
business information redacted) have
been placed in the public docket (see
ADDRESSES section above) and on EPA’s
website at https://www.epa.gov/vehicleand-engine-certification/complianceinformation-light-duty-greenhouse-gasghg-standards.
EPA is providing a 30-day comment
period on the applications for off-cycle
credits described in this notice, as
specified by the regulations. The
manufacturers may submit a written
rebuttal of comments for EPA’s
consideration, or may revise an
application in response to comments.
After reviewing any public comments
and any rebuttal of comments submitted
by manufacturers, EPA will make a final
decision regarding the credit requests.
EPA will make its decision available to
the public by placing a decision
document (or multiple decision
documents) in the docket and on EPA’s
website at the same manufacturerspecific pages shown above. While the
broad methodologies used by these
manufacturers could potentially be used
for other vehicles and by other
manufacturers, the vehicle specific data
needed to demonstrate the off-cycle
emissions reductions would likely be
different. In such cases, a new
application would be required,
including an opportunity for public
comment.
Dated: October 5, 2020.
Byron Bunker,
Director, Compliance Division, Office of
Transportation and Air Quality, Office of Air
and Radiation.
[FR Doc. 2020–22424 Filed 10–8–20; 8:45 am]
40 CFR 86.1869–12(d)(2).
40 CFR 86.1868–12(b).
VerDate Sep<11>2014
reduces fuel consumption during warm
up while the seat heater is turned on.
When the seat heater is used, less
thermal energy is required from the
engine to maintain comfort. This
strategy lowers the target engine coolant
temperature threshold allowing the
engine to turn off earlier and more
frequently to reduce fuel consumption.
Toyota is applying for a credit of 0.6
grams/mile for 2019 and later model
years for vehicles sold in the U.S. and
equipped with seat heater engine
control technology. Details of the testing
and analysis can be found in the
manufacturer’s applications.
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2020–0025; FRL–10010–60]
Pesticide Emergency Exemptions;
Agency Decisions and State and
Federal Agency Crisis Declarations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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, 2019 through June 30, 2020 to control
unforeseen pest outbreaks.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, 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:
SUMMARY:
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–2020–0025, 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
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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.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit 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
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17:26 Oct 08, 2020
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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,
2020 to October 31, 2020.
EPA authorized the use of
fenpropathrin on a maximum of 175
acres of fuzzy kiwifruit fields to control
brown marmorated stink bug. A timelimited tolerance in connection with
this action has been established in 40
CFR 180.466(b); Effective April 25, 2020
to October 31, 2020.
California
Department of Pesticide Regulation
Specific exemption: EPA authorized
the use of kasugamycin on a maximum
of 100,000 acres of almond trees to
control bacterial blast (Pseudomonas
syringae pv. syringae). A time-limited
tolerance in connection with this action
will be established in 40 CFR 180.614(b)
in almond and almond hulls to cover
any residues that may result from this
use. Effective February 14, 2020 to April
15, 2020.
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 April 20, 2020 to
October 4, 2020.
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 11, 2020 to December 31,
2020.
Quarantine exemption: EPA
authorized the use of streptomycin on
up to 23,000 acres of citrus to manage
citrus greening disease (also known as
Huanglongbing). Time-limited
tolerances in connection with past
actions for this use have been
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64145
established in 40 CFR 180.24(b).
Effective April 4, 2020 to April 4, 2021.
Florida
Department of Agriculture and
Consumer Services
Specific exemptions: EPA authorized
the use of streptomycin on up to
330,254 acres of citrus to manage citrus
greening disease (also known as
Huanglongbing). Time-limited
tolerances in connection with past
actions for this use have been
established in 40 CFR 180.245(b).
Effective December 31, 2019 to
December 31, 2020.
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 control the
Asian citrus psyllid, the vector of citrus
greening disease (also known as
Huanglongbing) to manage disease
transmission. A time-limited tolerance
in connection with this action was
established in 40 CFR 180.586(b).
Effective January 1, 2020 to October 31,
2020.
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 June 18, 2020 to
November 15, 2020.
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 herbicideresistant 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, 2020 to
August 31, 2020.
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 herbicideresistant 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 21, 2020 to
August 31, 2020.
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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 April 6, 2020 to
November 15, 2020.
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 21, 2020 to
October 15, 2020.
Massachusetts
Department of Agricultural Resources
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 180.679(b).
Effective April 15, 2020 to June 30,
2020.
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 herbicideresistant 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 21, 2020 to
August 31, 2020.
Nevada
Department of Agriculture
Specific exemption: EPA authorized
the use of indaziflam on a maximum of
100,000 acres of rangeland, pastures and
conservation reserve program areas to
control medusahead and Ventenata.
Time-limited tolerances in connection
with this action have been established
in 40 CFR 180.653(b). Effective March
28, 2020 to March 26, 2021.
New York
Department of Environmental
Conservation
Crisis exemption: EPA concurred
upon crisis exemptions declared by the
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17:26 Oct 08, 2020
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New York Department of Environmental
Conservation (NYDEC) on March 16,
2020, for use of peroxyacetic acid and
hydrogen peroxide to treat regulated
medical waste to control the spread of
coronavirus. NYDEC also submitted a
full request for public health
exemptions to allow the use to continue
beyond the 15-day period allowed
under stand-alone crisis exemptions.
This use became effective on March 16,
2020 and will continue until EPA
renders a decision on the public health
exemption request.
Public Health Exemptions: EPA
authorized the use of peroxyacetic acid
and hydrogen peroxide to treat
regulated medical waste potentially
contaminated with the causal agent of
COVID–19, the Severe Acute
Respiratory Syndrome Coronavirus 2
(SARS–CoV–2). Effective May 28, 2020
to May 28, 2021.
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
180.680(b). Effective April 3, 2020 to
April 3, 2021.
EPA authorized the use of bifenthrin
on a maximum of 3,000 acres of apples,
peaches, and nectarines to control the
brown marmorated stinkbug. Timelimited tolerances in connection with
past actions were established in 40 CFR
180.442(b). Effective June 16, 2020 to
October 15, 2020.
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 herbicideresistant 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 21, 2020 to
August 31, 2020.
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
Frm 00039
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 herbicideresistant 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). Effective May 21, 2020 to
August 31, 2020.
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
Huanglongbing (HLB) disease vectored
by the Asian citrus psyllid. A timelimited tolerance in connection with
this action was established in 40 CFR
180.668(b). Effective May 7, 2020 to
May 7, 2021.
Utah
Department of Agriculture
Oregon
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180.442(b). Effective May 21, 2020 to
October 15, 2020.
EPA authorized the use of etofenprox
for use in mushroom houses 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
June 24, 2020 to June 24, 2021.
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Specific exemption: EPA authorized
the use of indaziflam on a maximum of
10,000 acres of rangeland, pastures and
CRP to control medusahead and
Ventenata. Time-limited tolerances in
connection with a previous action have
been established in 40 CFR 180.653(b).
Effective February 1, 2020 to January 30,
2021.
Virginia
Department of Agriculture and
Consumer Services
Specific exemption: 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 21, 2020 to
October 15, 2020.
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
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 herbicideresistant 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, 2020 to
August 31, 2020.
West Virginia
Department of Agriculture
Specific exemption: 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 June 16, 2020 to
October 15, 2020.
Wisconsin
pest(s) to any U.S. geographical
location. Time-limited tolerances in
connection with previous actions for
this use have been established in 40
CFR 180.124(b). Effective March 1, 2020
to March 1, 2023.
Centers for Disease Control and
Prevention
Public health exemptions: EPA
authorized the uses of hydrogen
peroxide, didecyl dimethyl ammonium
chloride, isopropanol, ethanol, n-alkyldimethyl ethylbenzyl ammonium
chloride, and n-alkyl dimethyl benzyl
ammonium chloride, on hard,
nonporous surfaces in health care
settings in the United States to disinfect
from Candida auris. Effective October
16, 2019 to October 16, 2020.
Authority: 7 U.S.C. 136 et seq.
Dated: October 5, 2020.
Cindy S. Barger,
Director, NEPA Compliance Division, Office
of Federal Activities.
[FR Doc. 2020–22395 Filed 10–8–20; 8:45 am]
[FR Doc. 2020–22418 Filed 10–8–20; 8:45 am]
FEDERAL COMMUNICATIONS
COMMISSION
BILLING CODE 6560–50–P
BILLING CODE 6560–50–P
[OMB 3060–0848; FRS 17112]
Specific exemption: EPA authorized
the use of the herbicide pyridate on a
maximum of 3,100 acres of mint for
postemergence control of herbicideresistant 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 21, 2020 to
August 31, 2020.
B. Federal Departments and Agencies
Agriculture Department
Animal and Plant Health Inspector
Service
Quarantine exemptions: EPA
authorized the use of a mixture of
sodium hypochlorite and propylene
glycol for use under freezing conditions
on hard, nonporous surfaces associated
with poultry facilities in the United
States, for disinfection from Newcastle
disease virus. Effective November 1,
2019 to November 1, 2022.
EPA authorized the use of a mixture
of potassium peroxymonosulfate and
propylene glycol for use under freezing
conditions on hard, nonporous surfaces
associated with poultry facilities in the
United States, for disinfection from
Newcastle disease virus. Effective
December 4, 2019 to December 4, 2022.
EPA authorized the use of methyl
bromide on post-harvest unlabeled
imported/domestic commodities to
prevent the introduction/spread of any
new or recently introduced foreign
17:26 Oct 08, 2020
09/2020, Contact: Jonathan Stein 702–
515–5418.
EIS No. 20200201, Draft, FHWA, GA,
Project DeRenne Draft Environmental
Impact Statement and Draft Section
4(f) Evaluation, Comment Period
Ends: 11/23/2020, Contact: Aaron
Hernandez 404–562–3584. Amended
Notice:
EIS No. 20200170, Draft, FAA, NY,
LaGuardia Airport Access
Improvement Project, Comment
Period Ends: 10/20/2020, Contact:
Andrew Brooks 718–553–2511.
Revision to FR Notice Published 08/
21/2020; Extending the Comment Period
from 10/05/2020 to 10/20/2020.
Dated: September 24, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office
of Pesticide Programs.
Department of Agriculture
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ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–9053–3]
Environmental Impact Statements;
Notice of Availability
Responsible Agency: Office of Federal
Activities, General Information 202–
564–5632 or https://www.epa.gov/nepa.
Weekly receipt of Environmental Impact
Statements (EIS)
Filed September 28, 2020 10 a.m. EST
Through October 5, 2020 10 a.m. EST
Pursuant to 40 CFR 1506.9.
Notice: Section 309(a) of the Clean Air
Act requires that EPA make public its
comments on EISs issued by other
Federal agencies. EPA’s comment letters
on EISs are available at: https://
cdxnodengn.epa.gov/cdx-enepa-public/
action/eis/search.
EIS No. 20200197, Final, TVA, IL, Sugar
Camp Energy, LLC Mine Number 1
Boundary Revision 6, Review Period
Ends: 11/09/2020, Contact: Elizabeth
Smith 865–632–3053.
EIS No. 20200198, Final, TxDOT, TX,
North Houston Highway Improvement
Project, Review Period Ends: 11/09/
2020, Contact: Carlos Swonke 512–
416–2734.
EIS No. 20200199, Draft, USA, AK, Heat
and Electrical Upgrades at Fort
Wainwright, Alaska, Comment Period
Ends: 12/08/2020, Contact: Laura
Sample 907–361–6323.
EIS No. 20200200, Final, USFS, NV, Lee
Canyon EIS, Review Period Ends: 11/
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Information Collection Being Reviewed
by the Federal Communications
Commission
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act of 1995 (PRA), the Federal
Communications Commission (FCC or
Commission) invites the general public
and other Federal agencies to take this
opportunity to comment on the
following information collections.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid Office of
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64144-64147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22418]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2020-0025; FRL-10010-60]
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 October 1, 2019 through June 30, 2020 to control unforeseen
pest outbreaks.
FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, 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-2020-0025, 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
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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.
Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit 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,
2020 to October 31, 2020.
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 April 25, 2020 to October
31, 2020.
California
Department of Pesticide Regulation
Specific exemption: EPA authorized the use of kasugamycin on a
maximum of 100,000 acres of almond trees to control bacterial blast
(Pseudomonas syringae pv. syringae). A time-limited tolerance in
connection with this action will be established in 40 CFR 180.614(b) in
almond and almond hulls to cover any residues that may result from this
use. Effective February 14, 2020 to April 15, 2020.
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 April 20, 2020 to October 4, 2020.
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 11, 2020 to December 31, 2020.
Quarantine exemption: EPA authorized the use of streptomycin on up
to 23,000 acres of citrus to manage citrus greening disease (also known
as Huanglongbing). Time-limited tolerances in connection with past
actions for this use have been established in 40 CFR 180.24(b).
Effective April 4, 2020 to April 4, 2021.
Florida
Department of Agriculture and Consumer Services
Specific exemptions: EPA authorized the use of streptomycin on up
to 330,254 acres of citrus to manage citrus greening disease (also
known as Huanglongbing). Time-limited tolerances in connection with
past actions for this use have been established in 40 CFR 180.245(b).
Effective December 31, 2019 to December 31, 2020.
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 control
the Asian citrus psyllid, the vector of citrus greening disease (also
known as Huanglongbing) to manage disease transmission. A time-limited
tolerance in connection with this action was established in 40 CFR
180.586(b). Effective January 1, 2020 to October 31, 2020.
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 June 18,
2020 to November 15, 2020.
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-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, 2020 to August 31, 2020.
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 21, 2020 to August 31, 2020.
[[Page 64146]]
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 April 6,
2020 to November 15, 2020.
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
21, 2020 to October 15, 2020.
Massachusetts
Department of Agricultural Resources
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
180.679(b). Effective April 15, 2020 to June 30, 2020.
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 21, 2020 to August 31, 2020.
Nevada
Department of Agriculture
Specific exemption: EPA authorized the use of indaziflam on a
maximum of 100,000 acres of rangeland, pastures and conservation
reserve program areas to control medusahead and Ventenata. Time-limited
tolerances in connection with this action have been established in 40
CFR 180.653(b). Effective March 28, 2020 to March 26, 2021.
New York
Department of Environmental Conservation
Crisis exemption: EPA concurred upon crisis exemptions declared by
the New York Department of Environmental Conservation (NYDEC) on March
16, 2020, for use of peroxyacetic acid and hydrogen peroxide to treat
regulated medical waste to control the spread of coronavirus. NYDEC
also submitted a full request for public health exemptions to allow the
use to continue beyond the 15-day period allowed under stand-alone
crisis exemptions. This use became effective on March 16, 2020 and will
continue until EPA renders a decision on the public health exemption
request.
Public Health Exemptions: EPA authorized the use of peroxyacetic
acid and hydrogen peroxide to treat regulated medical waste potentially
contaminated with the causal agent of COVID-19, the Severe Acute
Respiratory Syndrome Coronavirus 2 (SARS-CoV-2). Effective May 28, 2020
to May 28, 2021.
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 180.680(b).
Effective April 3, 2020 to April 3, 2021.
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 June 16, 2020 to October
15, 2020.
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 May 21, 2020 to August 31, 2020.
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
21, 2020 to October 15, 2020.
EPA authorized the use of etofenprox for use in mushroom houses 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 June
24, 2020 to June 24, 2021.
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). Effective May 21, 2020 to August 31,
2020.
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 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 May 7, 2020 to May 7,
2021.
Utah
Department of Agriculture
Specific exemption: EPA authorized the use of indaziflam on a
maximum of 10,000 acres of rangeland, pastures and CRP to control
medusahead and Ventenata. Time-limited tolerances in connection with a
previous action have been established in 40 CFR 180.653(b). Effective
February 1, 2020 to January 30, 2021.
Virginia
Department of Agriculture and Consumer Services
Specific exemption: 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
21, 2020 to October 15, 2020.
[[Page 64147]]
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, 2020 to August 31, 2020.
West Virginia
Department of Agriculture
Specific exemption: 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 June
16, 2020 to October 15, 2020.
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 21, 2020 to August 31, 2020.
B. Federal Departments and Agencies
Agriculture Department
Animal and Plant Health Inspector Service
Quarantine exemptions: EPA authorized the use of a mixture of
sodium hypochlorite and propylene glycol for use under freezing
conditions on hard, nonporous surfaces associated with poultry
facilities in the United States, for disinfection from Newcastle
disease virus. Effective November 1, 2019 to November 1, 2022.
EPA authorized the use of a mixture of potassium peroxymonosulfate
and propylene glycol for use under freezing conditions on hard,
nonporous surfaces associated with poultry facilities in the United
States, for disinfection from Newcastle disease virus. Effective
December 4, 2019 to December 4, 2022.
EPA authorized the use of methyl bromide on post-harvest unlabeled
imported/domestic commodities to prevent the introduction/spread of any
new or recently introduced foreign pest(s) to any U.S. geographical
location. Time-limited tolerances in connection with previous actions
for this use have been established in 40 CFR 180.124(b). Effective
March 1, 2020 to March 1, 2023.
Centers for Disease Control and Prevention
Public health exemptions: EPA authorized the uses of hydrogen
peroxide, didecyl dimethyl ammonium chloride, isopropanol, ethanol, n-
alkyl-dimethyl ethylbenzyl ammonium chloride, and n-alkyl dimethyl
benzyl ammonium chloride, on hard, nonporous surfaces in health care
settings in the United States to disinfect from Candida auris.
Effective October 16, 2019 to October 16, 2020.
Authority: 7 U.S.C. 136 et seq.
Dated: September 24, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2020-22418 Filed 10-8-20; 8:45 am]
BILLING CODE 6560-50-P
