Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations, 99859-99862 [2024-29019]
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices
ACTION:
Notice.
The Environmental Protection
Agency has submitted an information
collection request (ICR), NSPS for
Electric Utility Steam Generating Units
(EPA ICR Number 1053.14, OMB
Control Number 2060–0023) to the
Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act. This is a proposed
extension of the ICR, which is currently
approved through December 31, 2024.
Public comments were previously
requested via the Federal Register on
May 18, 2023 during a 60-day comment
period. This notice allows for an
additional 30 days for public comments.
DATES: Additional comments may be
submitted on or before January 9, 2025.
ADDRESSES: Submit your comments,
referencing Docket ID Number EPA–
HQ–OAR–2023–0114, to EPA online
using https://www.regulations.gov/ (our
preferred method), by email to a-and-rdocket@epa.gov, or by mail to: EPA
Docket Center, Environmental
Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW,
Washington, DC 20460.
EPA’s policy is that all comments
received will be included in the public
docket without change including any
personal information provided, unless
the comment includes profanity, threats,
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute.
Submit written comments and
recommendations to OMB for the
proposed information collection within
30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Muntasir Ali, Sector Policies and
Program Division (D243–05), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina,
27711; telephone number: (919) 541–
0833; email address: ali.muntasir@
epa.gov.
This is a
proposed extension of the ICR, which is
currently approved through December
31, 2024. An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
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SUPPLEMENTARY INFORMATION:
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Public comments were previously
requested via the Federal Register (88
FR 31748) on May 18, 2023 during a 60day comment period (88 FR 31748).
This notice allows for an additional 30
days for public comments. Supporting
documents that explain in detail the
information that the EPA will be
collecting are available in the public
docket for this ICR. The docket can be
viewed online at https://
www.regulations.gov or in person at the
EPA Docket Center, WJC West Building,
Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The telephone number
for the Docket Center is 202–566–1744.
For additional information about EPA’s
public docket, visit https://www.epa.gov/
dockets.
Abstract: The New Source
Performance Standards (NSPS) for NSPS
for Electric Utility Steam Generating
Units (40 CFR part 60 subpart Da) were
proposed on September 18, 1978,
promulgated on June 11, 1979, and
amended on November 19, 2014 and
April 6, 2016. These regulations apply
to new and existing electric utility
steam generating units capable of
combusting more than 73 megawatts
(MW) heat input of fossil fuel. New
facilities include those that commenced
construction, modification, or
reconstruction after the date of proposal.
This information is being collected to
assure compliance with 40 CFR part 60,
subpart Da.
In general, all NSPS standards require
initial notifications, performance tests,
and periodic reports by the owners/
operators of the affected facilities. They
are also required to maintain records of
the occurrence and duration of any
startup, shutdown, or malfunction in
the operation of an affected facility, or
any period during which the monitoring
system is inoperative. These
notifications, reports, and records are
essential in determining compliance,
and are required of all affected facilities
subject to NSPS.
Form numbers: None.
Respondents/affected entities:
Owners and operators of electric steam
generating units.
Respondent’s obligation to respond:
Mandatory (40 CFR part 60, subpart Da).
Estimated number of respondents:
732 (total).
Frequency of response: Initially,
semiannually, and quarterly.
Total estimated burden: 171,000
hours (per year). Burden is defined at 5
CFR 1320.3(b).
Total estimated cost: $37,100,000 (per
year), includes $15,600,000 annualized
capital or operation & maintenance
costs.
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99859
Changes in the Estimates: There is no
change in burden from the most recently
approved ICR as currently identified in
the OMB Inventory of Approved
Burdens. This is due to two
considerations. First, the regulations
have not changed over the past three
years and are not anticipated to change
over the next three years. Second, the
growth rate for this industry is very low
or non-existent, so there is no
significant change in the overall burden.
There is an increase in operation &
maintenance costs due to an adjustment
to increase from 2008 to 2022 $ using
the CEPCI Equipment Cost Index.
Courtney Kerwin,
Director, Information Engagement Division.
[FR Doc. 2024–29067 Filed 12–10–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2024–0007; FRL–12450–01–
OCSPP]
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 April 1,
2024, to September 30, 2024, to control
unforeseen pest outbreaks.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, Director, Registration
Division (7505T), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (202) 566–1030;
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).
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices
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• 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 after FOR FURTHER INFORMATION
CONTACT.
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,
B. How can I get copies of this document Drug, and Cosmetic Act (FFDCA).
In this document: EPA identifies the
and other related information?
State or Federal agency granted the
The docket for this action, identified
exemption, the type of exemption, the
by docket identification (ID) number
pesticide authorized and the pests, the
EPA–HQ–OPP–2024–0007, is available
crop or use for which authorized,
at https://www.regulations.gov or at the
number of acres (if applicable), and the
Office of Pesticide Programs Regulatory
duration of the exemption. EPA also
Public Docket (OPP Docket) in the
gives the Federal Register citation for
Environmental Protection Agency
the time-limited tolerance, if any.
Docket Center (EPA/DC), West William
III. Emergency Exemptions
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
A. U.S. States and Territories
20460–0001. The Public Reading Room
American Samoa
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal Environmental Protection Agency
holidays. The telephone number for the
Public health exemption: EPA
Public Reading Room and the OPP
authorized the use of 95,000 units of the
Docket is (202) 566–1744. Please review unregistered product, Guardian, a
the visitor instructions and additional
hanging polyester mesh emanator that
information about the docket available
passively releases TRANSFLUTHRIN in
at https://www.epa.gov/dockets.
communities to protect residents from
mosquitoes that may transmit the
II. Background
dengue virus. This authorization was
EPA has granted or denied emergency
effective July 9, 2024, to July 9, 2025.
exemptions to the following State and
Arkansas
Federal agencies. The emergency
exemptions may take the following
Department of Agriculture
form: specific, quarantine, public
Crisis Exemption: EPA concurred
health, or crisis.
upon a crisis exemption declared by the
Under FIFRA section 18 (7 U.S.C.
Arkansas Department of Agriculture for
136p), EPA can authorize the use of a
the use of methoxyfenozide on rice to
pesticide when emergency conditions
control fall armyworms. The
exist. Authorizations (commonly called
authorization was effective July 11,
emergency exemptions) are granted to
2024.
State and Federal agencies and are of
Specific Exemption: EPA authorized
four types:
the
use of methoxyfenozide on a
1. A ‘‘specific exemption’’ authorizes
maximum of 250,000 acres of rice to
use of a pesticide against specific pests
control fall armyworms. Permanent
on a limited acreage in a particular
tolerances in connection with a
State. Most emergency exemptions are
previous action are established in 40
specific exemptions.
CFR 180.544 to support this emergency
2. ‘‘Quarantine’’ and ‘‘public health’’
use. The authorization was effective
exemptions are emergency exemptions
September 4, 2024, to September 30,
issued for quarantine or public health
2024
purposes. These are rarely requested.
3. A ‘‘crisis exemption’’ is initiated by California
a State or Federal agency (and is
Department of Pesticide Regulation
confirmed by EPA) when there is
insufficient time to request and obtain
Crisis Exemption: EPA concurred
EPA permission for use of a pesticide in upon a crisis exemption declared by the
an emergency.
California Department of Pesticide
EPA may deny an emergency
Regulation for the use of afidopyropen
exemption: If the State or Federal
on field-grown strawberries to control
agency cannot demonstrate that an
lygus bugs. The authorization was
emergency exists, if the use poses
effective May 20, 2024.
Specific Exemption: EPA authorized
unacceptable risks to the environment,
or if EPA cannot reach a conclusion that the use of afidopyropen on a maximum
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of 17,000 acres of field-grown
strawberries to control lygus bugs. A
time-limited tolerance supports this
emergency use and is established in 40
CFR 180.700(b). The authorization was
effective June 13, 2024, to October 31,
2024.
Colorado
Department of Agriculture
Specific Exemption: On September
12, 2024, EPA denied a specific
exemption request for use of the
unregistered product MAGNET,
containing the unregistered active
ingredients alpha-pinene, anisyl
alcohol, butyl salicylate, cineole
(eucalyptol), and phenylacetaldehyde as
well as the registered active ingredient
d-limonene on up to 1,400 acres of
sweet corn as an insect attractant to
manage corn earworm. Because an
unregistered pesticide was requested, a
Notice of Receipt, with opportunity for
public comment (required by 40 CFR
166.24), published in the Federal
Register on June 7, 2024 (89 FR 48610)
(FRL–11998–01–OCSPP). The public
comment period closed on June 24,
2024. EPA received two comments, one
negative comment was submitted
anonymously concerning potential risk
and one from a federal government
stakeholder supported allowing the use.
Florida
Department of Agriculture and
Consumer Services
Specific Exemption: EPA authorized
the use of clothianidin on a maximum
of 75,000 acres of immature (3 to 5 years
old) citrus trees to control the Asian
citrus psyllid, the vector of
huanglongbing (HLB, or citrus greening)
disease. A time-limited tolerance in
connection with this action supports
this emergency use and is established in
40 CFR 180.586(b). Because the
applicant proposed a use that has been
requested in 5 or more previous years,
a Notice of Receipt, with opportunity for
public comment in accordance with the
requirements at 40 CFR 166.24(a)(7)(i),
published in the Federal Register on
December 29, 2023 (88 FR 80717) FRL–
11634–01–OCSPP). The public
comment period closed on January 16,
2024. Two public comments were
received: one from a nongovernmental
organization that included substantive
supporting material objected to the use
and the other from a federal government
stakeholder supported the use. EPA
posted a document addressing the
comments in response to the NOR to the
docket, as well as EPA’s evaluations
associated with the use, which may be
accessed at https://
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www.regulations.gov/docket/EPA-HQOPP-2023-0597. The authorization was
effective April 16, 2024, to April 16,
2025
Hawaii
Department of Agriculture
Crisis Exemption: EPA concurred
upon a crisis exemption declared by the
Hawaii Department of Agriculture for
the use of cypermethrin on the crowns
of ornamental palm trees to control
coconut rhinoceros beetles. This
authorization was effective November
13, 2023.
Specific Exemption: EPA authorized
the use of the unregistered product,
DQB Males (Wolbachia pipientis DQB
strain (wAlbB) contained in live adult
male Culex quinquefasciatus
mosquitoes) on a maximum of 20,000
acres of State, Federal, and private lands
to control mosquitoes (Cx.
quinquefasciatus). Because the
applicant proposed a use of a new
chemical, a Notice of Receipt, with
opportunity for public comment in
accordance with the requirements at 40
CFR 166.24(a)(1), published in the
Federal Register on February 8, 2024
(89 FR 8675) (FRL–11721–01–OCSPP).
The public comment period closed on
February 23, 2024. Eighty-seven public
comments were received. EPA posted a
document addressing the comments in
response to the NOR to the docket, as
well as EPA’s evaluations associated
with the use, which may be accessed at
https://www.regulations.gov/docket/
EPA-HQ-OPP-2024-0035. The
authorization was effective April 25,
2024, to April 25, 2025.
Quarantine Exemption: EPA
authorized the use of cypermethrin on
a maximum of 10,000 acres of
ornamental palm trees, applied on the
crowns via unmanned aerial vehicles, to
control coconut rhinoceros beetles. The
authorization was effective April 22,
2024, to April 22, 2027.
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Louisiana
Department of Agriculture and Forestry
Crisis Exemption: EPA concurred
upon a crisis exemption declared by the
Louisiana Department of Agriculture
and Forestry for the use of
methoxyfenozide on rice to control fall
armyworms. The authorization was
effective July 16, 2024.
Specific Exemption: EPA authorized
the use of methoxyfenozide on a
maximum of 40,000 acres of rice to
control fall armyworms. Permanent
tolerances in connection with a
previous action are established in 40
CFR 180.544 to support this emergency
use. The authorization was effective
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September 4, 2024, to September 30,
2024.
Michigan
Department of Agriculture and Rural
Development
99861
CFR 180.544 to support this emergency
use. The authorization was effective
September 4, 2024, to September 30,
2024.
North Dakota
Specific Exemption: EPA authorized
the use of acifluorfen on a maximum of
48,000 acres of sugar beets for
postemergence control of invasive
Amaranthus (pigweed) spp., water
hemp, and Palmer amaranth. Timelimited tolerances in connection with a
previous action support this emergency
use and are established in 40 CFR
180.383(b). The authorization was
effective May 1, 2024, to July 31, 2024.
Department of Agriculture
Minnesota
Puerto Rico
Department of Agriculture
Department of Agriculture
Specific Exemption: EPA authorized
the use of acifluorfen on a maximum of
65,000 acres of sugar beets for
postemergence control of glyphosateresistant water hemp. Time-limited
tolerances in connection with a
previous action support this emergency
use and are established in 40 CFR
180.383(b). The authorization was
effective May 20, 2024, to July 31, 2024.
Public Health Exemption: EPA
authorized the use of 750,000 units of
the unregistered product, Guardian, a
hanging polyester mesh emanator that
passively releases TRANSFLUTHRIN in
communities to protect residents from
mosquitoes that may transmit the
dengue virus. This authorization was
effective June 20, 2024, to June 20, 2025.
Mississippi
Crisis Exemption: EPA concurred
upon a crisis exemption declared by the
Mississippi Department of Agriculture
and Commerce for the use of
methoxyfenozide on rice to control fall
armyworms. The authorization was
effective July 11, 2024.
Specific Exemption: EPA authorized
the use of methoxyfenozide on a
maximum of 60,000 acres of rice to
control fall armyworms. Permanent
tolerances in connection with a
previous action are established in 40
CFR 180.544 to support this emergency
use. The authorization was effective
September 4, 2024, to September 30,
2024.
Missouri
Department of Agriculture
Crisis Exemption: EPA concurred
upon a crisis exemption declared by the
Missouri Department of Agriculture for
the use of methoxyfenozide on rice to
control fall armyworms. The
authorization was effective July 18,
2024.
Specific Exemption: EPA authorized
the use of methoxyfenozide on a
maximum of 60,000 acres of rice to
control fall armyworms. Permanent
tolerances in connection with a
previous action are established in 40
Frm 00035
B. Federal Departments and Agencies
United States Department of Agriculture
Department of Agriculture and
Commerce
PO 00000
Specific Exemption: EPA authorized
the use of acifluorfen on a maximum of
20,000 acres of sugar beets for
postemergence control of glyphosate
resistant water hemp. Time-limited
tolerances in connection with a
previous action support this emergency
use and are established in 40 CFR
180.383(b). The authorization was
effective May 27, 2024, to July 31, 2024.
Fmt 4703
Sfmt 4703
Animal and Plant Health Inspection
Service
Quarantine Exemptions: EPA
authorized the use of acetic acid
(vinegar) on hard nonporous surfaces to
control African swine fever virus. The
authorization was effective June 10,
2024, to June 10, 2027.
EPA authorized the use of sodium
hypochlorite on porous and nonporous,
nonfood/feed contact surfaces to control
foot-and mouth disease virus (FMDv),
African swine fever virus (ASFv), and
classical swine fever virus (CSFv). The
authorization was effective September
17, 2024, to September 17, 2027.
EPA authorized the use of sodium
hydroxide on hard, nonporous,
nonfood/feed contact surfaces to control
prions. The authorization was effective
September 25, 2024, to September 25,
2027.
EPA authorized the use of sodium
hypochlorite on hard, nonporous,
nonfood/feed contact surfaces to control
prions. The authorization was effective
September 25, 2024, to September 25,
2027.
C. Annual Report of Crisis Exemptions
Declared and Revoked
Seven crisis exemptions were
declared, and none were revoked
between November 6, 2023, to July 18,
2024.
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices
Authority: 7 U.S.C. 136 et seq.
Dated: December 5, 2024.
Charles Smith,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. 2024–29019 Filed 12–10–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OCFO–2024–0107; FRL–12487–
01–OMS]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request;
General Performance Reporting for
Assistance Programs
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency (EPA) has submitted an
information collection request (ICR),
General Performance Reporting for
Assistance Programs (EPA ICR Number
2802.01, OMB Control Number 2090–
NEW) to the Office of Management and
Budget (OMB) for review and approval
in accordance with the Paperwork
Reduction Act. This is a request for
approval of a new collection. Public
comments were previously requested
via the Federal Register on March 7,
2024 during a 60-day comment period;
and on September 19, 2024 during a 30day comment period. This notice allows
for an additional 30 days for public
comments.
SUMMARY:
Comments may be submitted on
or before January 9, 2025.
ADDRESSES: Submit your comments,
referencing Docket ID Number EPA–
HQ–OCFO–2024–0107, to EPA online
using www.regulations.gov (our
preferred method), by email to Docket_
OMS@epa.gov, or by mail to: EPA
Docket Center, Environmental
Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW,
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT:
Aarti Iyer, Office of the Chief Financial
Officer, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; email address:
iyer.aarti@epa.gov; phone: 202–564–
0214.
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DATES:
This is a
request for approval of a new collection.
An agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless it
SUPPLEMENTARY INFORMATION:
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18:17 Dec 10, 2024
Jkt 265001
displays a currently valid OMB control
number.
Public comments were previously
requested via the Federal Register on
March 7, 2024 during a 60-day comment
period, and on September 21, 2024
during a 30-day comment period. This
notice allows for an additional 30 days
for public comments. Supporting
documents, which explain in detail the
information that the EPA will be
collecting, are available in the public
docket for this ICR. The docket can be
viewed online at www.regulations.gov
or in person at the EPA Docket Center,
WJC West, Room 3334, 1301
Constitution Ave. NW, Washington, DC.
The telephone number for the Docket
Center is 202–566–1744. For additional
information about EPA’s public docket,
visit https://www.epa.gov/dockets.
Abstract: The U.S. Environmental
Protection Agency (EPA) awards
billions of dollars in funding for grants
and other assistance agreements, with
recipients ranging from small non-profit
organizations to large state governments.
With this Information Collection
Request (ICR), EPA seeks authorization
to collect information to track progress
by the Agency’s assistance programs.
Collection of this information from
award recipients enables EPA to assess
and manage its assistance programs,
which in turn ensures responsible
stewardship of public funds; rigorous
evidence-based learning and
improvement; and transparent
accountability to the American public.
The information requested under this
ICR will be collected via performance
report forms, including work plans,
interim reports, and final reports.
Form numbers: None.
Respondents/affected entities:
Recipients of financial assistance
awards from EPA.
Respondent’s obligation to respond:
Mandatory for grant recipients as per
reporting requirements included in EPA
regulations 2 CFR parts 200 and 1500.
Estimated number of respondents:
2,662 (per year).
Frequency of response: Varies.
Total estimated burden: 87,088 hours
(per year). Burden is defined at 5 CFR
1320.03(b).
Total estimated cost: $7,071,495.82
(per year), there are no annualized
capital or operation & maintenance
costs.
Changes in the estimates: This is a
new collection, and so does not involve
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any program changes or burden
adjustments.
Courtney Kerwin,
Director, Information Engagement Division.
[FR Doc. 2024–29068 Filed 12–10–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–12127–01–OAR]
Official Release of the MOVES5 Motor
Vehicle Emissions Model for SIPs and
Transportation Conformity
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
AGENCY:
The Environmental Protection
Agency (EPA) is announcing the
availability of the latest major release of
the MOtor Vehicle Emission Simulator
(MOVES) model, MOVES5, for official
purposes outside of California. MOVES5
is the latest version of EPA’s state-of-the
science modeling tool for estimating
emissions from cars, trucks, buses, and
motorcycles based on the latest data and
regulations. MOVES5 is available for
use in state implementation plans (SIPs)
and transportation conformity analyses
outside of California. This notice starts
a two-year grace period before MOVES5
will need to be used as the latest EPA
emissions model for transportation
conformity determinations outside of
California, both in new regional
emissions analyses and in new hot-spot
analyses.
DATES: EPA’s announcement of the
MOVES5 emissions model for SIPs and
transportation conformity
determinations in states other than
California is effective December 11,
2024. This announcement starts a twoyear transportation conformity grace
period that ends on December 11, 2026.
After this date, MOVES5 will need to be
used as the latest EPA emissions model
for new transportation conformity
analyses outside of California in both
regional emissions analyses and in hotspot analysis.
FOR FURTHER INFORMATION CONTACT: For
technical model questions regarding the
official release or use of MOVES5,
please email EPA at mobile@epa.gov.
For questions about SIPs, contact
Kaitlyn Leffert at Leffert.Kaitlyn@
epa.gov. For transportation conformity
questions, contact Aaron Letterly at
Letterly.Aaron@epa.gov.
SUPPLEMENTARY INFORMATION:
The contents of this notice are as
follows:
SUMMARY:
I. General Information
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Agencies
[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Notices]
[Pages 99859-99862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29019]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2024-0007; FRL-12450-01-OCSPP]
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 April 1, 2024, to September 30, 2024, to control unforeseen
pest outbreaks.
FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; 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).
[[Page 99860]]
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 after FOR
FURTHER INFORMATION CONTACT.
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-2024-0007, 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 and the OPP Docket is (202) 566-1744. Please review the
visitor instructions and additional information about the docket
available at https://www.epa.gov/dockets.
II. Background
EPA has granted or denied emergency exemptions to the following
State and Federal agencies. The emergency exemptions may take the
following form: specific, quarantine, public health, or crisis.
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
American Samoa
Environmental Protection Agency
Public health exemption: EPA authorized the use of 95,000 units of
the unregistered product, Guardian, a hanging polyester mesh emanator
that passively releases TRANSFLUTHRIN in communities to protect
residents from mosquitoes that may transmit the dengue virus. This
authorization was effective July 9, 2024, to July 9, 2025.
Arkansas
Department of Agriculture
Crisis Exemption: EPA concurred upon a crisis exemption declared by
the Arkansas Department of Agriculture for the use of methoxyfenozide
on rice to control fall armyworms. The authorization was effective July
11, 2024.
Specific Exemption: EPA authorized the use of methoxyfenozide on a
maximum of 250,000 acres of rice to control fall armyworms. Permanent
tolerances in connection with a previous action are established in 40
CFR 180.544 to support this emergency use. The authorization was
effective September 4, 2024, to September 30, 2024
California
Department of Pesticide Regulation
Crisis Exemption: EPA concurred upon a crisis exemption declared by
the California Department of Pesticide Regulation for the use of
afidopyropen on field-grown strawberries to control lygus bugs. The
authorization was effective May 20, 2024.
Specific Exemption: EPA authorized the use of afidopyropen on a
maximum of 17,000 acres of field-grown strawberries to control lygus
bugs. A time-limited tolerance supports this emergency use and is
established in 40 CFR 180.700(b). The authorization was effective June
13, 2024, to October 31, 2024.
Colorado
Department of Agriculture
Specific Exemption: On September 12, 2024, EPA denied a specific
exemption request for use of the unregistered product MAGNET,
containing the unregistered active ingredients alpha-pinene, anisyl
alcohol, butyl salicylate, cineole (eucalyptol), and phenylacetaldehyde
as well as the registered active ingredient d-limonene on up to 1,400
acres of sweet corn as an insect attractant to manage corn earworm.
Because an unregistered pesticide was requested, a Notice of Receipt,
with opportunity for public comment (required by 40 CFR 166.24),
published in the Federal Register on June 7, 2024 (89 FR 48610) (FRL-
11998-01-OCSPP). The public comment period closed on June 24, 2024. EPA
received two comments, one negative comment was submitted anonymously
concerning potential risk and one from a federal government stakeholder
supported allowing the use.
Florida
Department of Agriculture and Consumer Services
Specific Exemption: EPA authorized the use of clothianidin on a
maximum of 75,000 acres of immature (3 to 5 years old) citrus trees to
control the Asian citrus psyllid, the vector of huanglongbing (HLB, or
citrus greening) disease. A time-limited tolerance in connection with
this action supports this emergency use and is established in 40 CFR
180.586(b). Because the applicant proposed a use that has been
requested in 5 or more previous years, a Notice of Receipt, with
opportunity for public comment in accordance with the requirements at
40 CFR 166.24(a)(7)(i), published in the Federal Register on December
29, 2023 (88 FR 80717) FRL-11634-01-OCSPP). The public comment period
closed on January 16, 2024. Two public comments were received: one from
a nongovernmental organization that included substantive supporting
material objected to the use and the other from a federal government
stakeholder supported the use. EPA posted a document addressing the
comments in response to the NOR to the docket, as well as EPA's
evaluations associated with the use, which may be accessed at https://
[[Page 99861]]
www.regulations.gov/docket/EPA-HQ-OPP-2023-0597. The authorization was
effective April 16, 2024, to April 16, 2025
Hawaii
Department of Agriculture
Crisis Exemption: EPA concurred upon a crisis exemption declared by
the Hawaii Department of Agriculture for the use of cypermethrin on the
crowns of ornamental palm trees to control coconut rhinoceros beetles.
This authorization was effective November 13, 2023.
Specific Exemption: EPA authorized the use of the unregistered
product, DQB Males (Wolbachia pipientis DQB strain (wAlbB) contained in
live adult male Culex quinquefasciatus mosquitoes) on a maximum of
20,000 acres of State, Federal, and private lands to control mosquitoes
(Cx. quinquefasciatus). Because the applicant proposed a use of a new
chemical, a Notice of Receipt, with opportunity for public comment in
accordance with the requirements at 40 CFR 166.24(a)(1), published in
the Federal Register on February 8, 2024 (89 FR 8675) (FRL-11721-01-
OCSPP). The public comment period closed on February 23, 2024. Eighty-
seven public comments were received. EPA posted a document addressing
the comments in response to the NOR to the docket, as well as EPA's
evaluations associated with the use, which may be accessed at https://www.regulations.gov/docket/EPA-HQ-OPP-2024-0035. The authorization was
effective April 25, 2024, to April 25, 2025.
Quarantine Exemption: EPA authorized the use of cypermethrin on a
maximum of 10,000 acres of ornamental palm trees, applied on the crowns
via unmanned aerial vehicles, to control coconut rhinoceros beetles.
The authorization was effective April 22, 2024, to April 22, 2027.
Louisiana
Department of Agriculture and Forestry
Crisis Exemption: EPA concurred upon a crisis exemption declared by
the Louisiana Department of Agriculture and Forestry for the use of
methoxyfenozide on rice to control fall armyworms. The authorization
was effective July 16, 2024.
Specific Exemption: EPA authorized the use of methoxyfenozide on a
maximum of 40,000 acres of rice to control fall armyworms. Permanent
tolerances in connection with a previous action are established in 40
CFR 180.544 to support this emergency use. The authorization was
effective September 4, 2024, to September 30, 2024.
Michigan
Department of Agriculture and Rural Development
Specific Exemption: EPA authorized the use of acifluorfen on a
maximum of 48,000 acres of sugar beets for postemergence control of
invasive Amaranthus (pigweed) spp., water hemp, and Palmer amaranth.
Time-limited tolerances in connection with a previous action support
this emergency use and are established in 40 CFR 180.383(b). The
authorization was effective May 1, 2024, to July 31, 2024.
Minnesota
Department of Agriculture
Specific Exemption: EPA authorized the use of acifluorfen on a
maximum of 65,000 acres of sugar beets for postemergence control of
glyphosate-resistant water hemp. Time-limited tolerances in connection
with a previous action support this emergency use and are established
in 40 CFR 180.383(b). The authorization was effective May 20, 2024, to
July 31, 2024.
Mississippi
Department of Agriculture and Commerce
Crisis Exemption: EPA concurred upon a crisis exemption declared by
the Mississippi Department of Agriculture and Commerce for the use of
methoxyfenozide on rice to control fall armyworms. The authorization
was effective July 11, 2024.
Specific Exemption: EPA authorized the use of methoxyfenozide on a
maximum of 60,000 acres of rice to control fall armyworms. Permanent
tolerances in connection with a previous action are established in 40
CFR 180.544 to support this emergency use. The authorization was
effective September 4, 2024, to September 30, 2024.
Missouri
Department of Agriculture
Crisis Exemption: EPA concurred upon a crisis exemption declared by
the Missouri Department of Agriculture for the use of methoxyfenozide
on rice to control fall armyworms. The authorization was effective July
18, 2024.
Specific Exemption: EPA authorized the use of methoxyfenozide on a
maximum of 60,000 acres of rice to control fall armyworms. Permanent
tolerances in connection with a previous action are established in 40
CFR 180.544 to support this emergency use. The authorization was
effective September 4, 2024, to September 30, 2024.
North Dakota
Department of Agriculture
Specific Exemption: EPA authorized the use of acifluorfen on a
maximum of 20,000 acres of sugar beets for postemergence control of
glyphosate resistant water hemp. Time-limited tolerances in connection
with a previous action support this emergency use and are established
in 40 CFR 180.383(b). The authorization was effective May 27, 2024, to
July 31, 2024.
Puerto Rico
Department of Agriculture
Public Health Exemption: EPA authorized the use of 750,000 units of
the unregistered product, Guardian, a hanging polyester mesh emanator
that passively releases TRANSFLUTHRIN in communities to protect
residents from mosquitoes that may transmit the dengue virus. This
authorization was effective June 20, 2024, to June 20, 2025.
B. Federal Departments and Agencies
United States Department of Agriculture
Animal and Plant Health Inspection Service
Quarantine Exemptions: EPA authorized the use of acetic acid
(vinegar) on hard nonporous surfaces to control African swine fever
virus. The authorization was effective June 10, 2024, to June 10, 2027.
EPA authorized the use of sodium hypochlorite on porous and
nonporous, nonfood/feed contact surfaces to control foot-and mouth
disease virus (FMDv), African swine fever virus (ASFv), and classical
swine fever virus (CSFv). The authorization was effective September 17,
2024, to September 17, 2027.
EPA authorized the use of sodium hydroxide on hard, nonporous,
nonfood/feed contact surfaces to control prions. The authorization was
effective September 25, 2024, to September 25, 2027.
EPA authorized the use of sodium hypochlorite on hard, nonporous,
nonfood/feed contact surfaces to control prions. The authorization was
effective September 25, 2024, to September 25, 2027.
C. Annual Report of Crisis Exemptions Declared and Revoked
Seven crisis exemptions were declared, and none were revoked
between November 6, 2023, to July 18, 2024.
[[Page 99862]]
Authority: 7 U.S.C. 136 et seq.
Dated: December 5, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-29019 Filed 12-10-24; 8:45 am]
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