Dinotefuran; Receipt of Applications for Emergency Exemption, Solicitation of Public Comment, 28829-28830 [2021-11371]

Download as PDF Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices Please note that any updates made to any aspect of the listening sessions will be posted online. While the EPA expects the listening sessions to go forward as set forth above, please monitor our website to determine if there are any updates. The EPA does not intend to publish a document in the Federal Register announcing updates. II. General Information A. Background On January 13, 2017, EPA published amendments to 40 CFR part 68, the Chemical Accident Prevention Provisions, also known as the ‘‘Risk Management Program’’ or ‘‘RMP,’’ in a final rule (82 FR 4594; 2017 Amendments). The 2017 Amendments rule was a result of Executive Order (E.O.) 13650, Improving Chemical Facility Safety and Security, which directed EPA (and several other federal agencies) to, among other things, modernize policies, regulations, and standards to enhance safety and security in chemical facilities. The 2017 Amendments rule contained various new provisions applicable to RMPregulated facilities addressing prevention program elements, emergency coordination with local responders, and information availability to the public. EPA received three petitions for reconsideration of the 2017 Amendments rule under CAA section 307(d)(7)(B). On December 19, 2019, EPA promulgated a final RMP rule (84 FR 69834; 2019 Revisions) that acted on the reconsideration petitions. The 2019 Revisions rule repealed several major provisions of the 2017 Amendments and retained other provisions with modifications. On January 20, 2021, President Biden issued E.O. 13990, which directed federal agencies to review existing regulations and take action to address priorities established by the Biden administration, which include bolstering resilience to the impacts of climate change and prioritizing environmental justice. As a result, EPA is developing a regulatory proposal to revise the RMP regulations at 40 CFR part 68, which implement the requirements of section 112(r)(7) of the Clean Air Act. EPA has, and will continue to coordinate revisions to the RMP rule with OSHA. EPA’s RMP rule is intended to minimize public impacts of accidental releases through prevention and response while OSHA’s PSM standard is intended to protect workers from the hazards of highly hazardous chemicals. In response to E.O. 13650, OSHA previously published a Request VerDate Sep<11>2014 17:28 May 27, 2021 Jkt 253001 for Information (RFI) in December 2013 and held a Small Business Advocacy Review (SBAR) panel in June 2016 for the PSM standard. The list of topics OSHA considered is available at https:// www.osha.gov/dsg/psm/. OSHA will participate in the listening sessions to foster continued coordination with EPA as both agencies consider revisions to their respective rules. B. Scope of Listening Sessions The EPA is interested in obtaining perspectives from the public on key E.O. 13990 issues impacting the RMP regulations. In particular, the Agency seeks comments on the following: The adequacy of revisions to the RMP regulations completed since 2017; incorporating consideration of climate change risks and impacts into the regulations; and expanding the application of environmental justice in the RMP. Input from these public listening sessions will be used to inform the EPA’s efforts to improve the RMP regulations and better protect the nation from chemical accidents. OSHA is also interested in obtaining perspectives on issues relevant to the PSM standard. This notice is not a proposed rulemaking nor is it a reconsideration under CAA section 307(d)(7)(B) of any previous rulemaking. It is an information-gathering exercise to assist EPA in its review as called for under E.O. 13990. Therefore, EPA does not intend to prepare a response to comment document like those prepared for rulemakings. Similarly, OSHA does not intend to prepare a response to the perspectives on PSM offered at these sessions. Instead, in any future rulemaking action, EPA (or OSHA) may draw on the input received in these listening sessions to inform a future proposal, and, in the course of responding to comments on any such future proposed rule, will address similar, relevant comments raised as comments on that notice of proposed rulemaking as appropriate. C. Stakeholder Involvement Obtaining stakeholder input is critical to the success of E.O. 13990. In particular, the Agency is interested in hearing from the following stakeholders: Industry sectors regulated under the RMP rule such as chemical manufacturers, chemical storage companies, and agricultural supply companies, state and local regulators, chemical critical infrastructure owners and operators, first responders, labor organizations representing affected workers, environmental and community groups, academic institutions, PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 28829 consensus standards organizations, and individuals of the general public. Stakeholders considering participating in these listening sessions or otherwise providing comments in response to this notice should submit any written material by July 15, 2021 to allow EPA to consider your points in developing any future regulatory proposal. Donna Salyer, Acting Director, Office of Emergency Management. [FR Doc. 2021–11280 Filed 5–27–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2021–0306; FRL–10023–48] Dinotefuran; Receipt of Applications for Emergency Exemption, Solicitation of Public Comment Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: EPA has received specific exemption requests from the Pennsylvania Department of Agriculture and the Virginia Department of Agriculture and Consumer Services to use the pesticide dinotefuran (CAS No. 165252–70–0) to treat up to 25,000 and 29,000 acres, respectively, of pome and stone fruits to control the brown marmorated stinkbug. The applicants propose uses which are supported by the Interregional Research Project Number 4 (IR4) program and have been requested in 5 or more previous years, and petitions for tolerances have not yet been submitted to the Agency. Therefore, as required, EPA is soliciting public comment before making the decision whether or not to grant the exemptions. DATES: Comments must be received on or before June 14, 2021. ADDRESSES: The docket for these actions, identified by docket identification (ID) number EPA–HQ– OPP–2021–0306, 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. SUMMARY: E:\FR\FM\28MYN1.SGM 28MYN1 28830 Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 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. Submit your comments, identified by docket ID number EPA–HQ–OPP–2021–0306, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https:// www.epa.gov/dockets/where-sendcomments-epa-dockets. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets. B. What should I consider as I prepare my comments for EPA? As part of the requests, the applicants assert that the rapid spread of large outbreaks of the brown marmorated stinkbug (an invasive species) has resulted in an urgent and non-routine pest control situation that is expected to cause significant economic losses without the requested uses. The Applicants propose to make no more than two applications at a rate of 0.203 to 0.304 lb. (maximum total of 0.608 lb.) of dinotefuran per acre on up to 54,000 acres of pome and stone fruits grown in Pennsylvania and Virginia, from May 15 to October 15, 2021. A total of 32,832 lbs. of dinotefuran could be used (maximum acreage at highest rate). This notice does not constitute a decision by EPA on the applications themselves. The regulations governing FIFRA section 18 require publication of a notice of receipt of an application for a specific exemption proposing a use which is supported by the IR4 program and has been requested in 5 or more previous years, and a petition for tolerance has not yet been submitted to the Agency. The notice provides an opportunity for public comment on the application. The Agency will review and consider all comments received during the comment period in determining whether to issue the specific exemptions requested by the Pennsylvania Department of Agriculture and the Virginia Department of Agriculture and Consumer Services, as well as any subsequent specific exemption applications submitted by other state lead agencies. I. General Information 1. Submitting CBI. Do not submit this information to EPA through www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD–ROM that you mail to EPA, mark the outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at https://www.epa.gov/dockets/ comments.html. 3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticide(s) discussed in this document, compared to the general population. A. Does this action apply to me? II. What action is the Agency taking? [FR Doc. 2021–11371 Filed 5–27–21; 8:45 am] You may be potentially affected by these actions 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). Under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA Administrator, a Federal or State agency may be exempted from any provision of FIFRA if the EPA Administrator determines that emergency conditions exist which require the exemption. The Pennsylvania Department of Agriculture and the Virginia Department of Agriculture and Consumer Services have requested the EPA Administrator to issue specific exemptions for the use of dinotefuran on pome and stone fruits to control the brown marmorated stinkbug. Information in accordance with 40 CFR part 166 was submitted as part of the requests. BILLING CODE 6560–50–P 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: VerDate Sep<11>2014 17:28 May 27, 2021 Jkt 253001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 (Authority: 7 U.S.C. 136 et seq.) Dated: May 19, 2021. Marietta Echeverria, Director, Registration Division, Office of Pesticide Programs. ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2021–0083; FRL–10024–04] Pesticide Product Registration; Receipt of Applications for New Active Ingredients—May 2021 Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, SUMMARY: E:\FR\FM\28MYN1.SGM 28MYN1

Agencies

[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Pages 28829-28830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11371]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0306; FRL-10023-48]


Dinotefuran; Receipt of Applications for Emergency Exemption, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA has received specific exemption requests from the 
Pennsylvania Department of Agriculture and the Virginia Department of 
Agriculture and Consumer Services to use the pesticide dinotefuran (CAS 
No. 165252-70-0) to treat up to 25,000 and 29,000 acres, respectively, 
of pome and stone fruits to control the brown marmorated stinkbug. The 
applicants propose uses which are supported by the Interregional 
Research Project Number 4 (IR4) program and have been requested in 5 or 
more previous years, and petitions for tolerances have not yet been 
submitted to the Agency. Therefore, as required, EPA is soliciting 
public comment before making the decision whether or not to grant the 
exemptions.

DATES: Comments must be received on or before June 14, 2021.

ADDRESSES: The docket for these actions, identified by docket 
identification (ID) number EPA-HQ-OPP-2021-0306, 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.

[[Page 28830]]

    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. Submit your comments, identified by docket ID 
number EPA-HQ-OPP-2021-0306, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets. Additional instructions on commenting or visiting the docket, 
along with more information about dockets generally, is available at 
https://www.epa.gov/dockets.

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 these actions 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).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at https://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the 
pesticide(s) discussed in this document, compared to the general 
population.

II. What action is the Agency taking?

    Under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA 
Administrator, a Federal or State agency may be exempted from any 
provision of FIFRA if the EPA Administrator determines that emergency 
conditions exist which require the exemption. The Pennsylvania 
Department of Agriculture and the Virginia Department of Agriculture 
and Consumer Services have requested the EPA Administrator to issue 
specific exemptions for the use of dinotefuran on pome and stone fruits 
to control the brown marmorated stinkbug. Information in accordance 
with 40 CFR part 166 was submitted as part of the requests.
    As part of the requests, the applicants assert that the rapid 
spread of large outbreaks of the brown marmorated stinkbug (an invasive 
species) has resulted in an urgent and non-routine pest control 
situation that is expected to cause significant economic losses without 
the requested uses.
    The Applicants propose to make no more than two applications at a 
rate of 0.203 to 0.304 lb. (maximum total of 0.608 lb.) of dinotefuran 
per acre on up to 54,000 acres of pome and stone fruits grown in 
Pennsylvania and Virginia, from May 15 to October 15, 2021. A total of 
32,832 lbs. of dinotefuran could be used (maximum acreage at highest 
rate).
    This notice does not constitute a decision by EPA on the 
applications themselves. The regulations governing FIFRA section 18 
require publication of a notice of receipt of an application for a 
specific exemption proposing a use which is supported by the IR4 
program and has been requested in 5 or more previous years, and a 
petition for tolerance has not yet been submitted to the Agency. The 
notice provides an opportunity for public comment on the application.
    The Agency will review and consider all comments received during 
the comment period in determining whether to issue the specific 
exemptions requested by the Pennsylvania Department of Agriculture and 
the Virginia Department of Agriculture and Consumer Services, as well 
as any subsequent specific exemption applications submitted by other 
state lead agencies.

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

    Dated: May 19, 2021.
Marietta Echeverria,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-11371 Filed 5-27-21; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.