FLUORIDE ACTION NETWORK PESTICIDE PROJECT
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February 13, 2002. Emergency Exemptions. Federal Register.
Bifenthrin
Cyhalofop-butyl
Flufenacet.
Note from FAN:
We have included only the fluorinated pesticides that were cited in this long notice. - EC.
http://www.epa.gov/fedrgstr/EPA-PEST/2002/February/Day-13/p3099.htm
[Federal Register: February 13, 2002 (Volume 67, Number 30)] [Notices] [Page 6707-6709] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13fe02-68] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [OPP-181085; FRL-6822-9] Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: EPA has granted or denied emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions or denials were granted during the period October 1, 2001 to December 31, 2001 to control unforseen pest outbreaks. FOR FURTHER INFORMATION CONTACT: See each emergency exemption or denial for the name of a contact person. The following information applies to all contact persons: Team Leader, Emergency Response Team, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (703) 308-9366. SUPPLEMENTARY INFORMATION: EPA has granted or denied emergency exemptions to the following State and Federal agencies. The emergency exemptions may take the following form: Crisis, public health, quarantine, or specific. EPA has also listed denied emergency exemption requests in this notice. I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you petition EPA for authorization under section 18 of FIFRA to use pesticide products which are otherwise unavailable for a given use. Potentially affected categories and entities may include, but are not limited to: ------------------------------------------------------------------------ Examples of Categories NAICS codes potentially affected entities ------------------------------------------------------------------------ Federal Government 9241 Federal agencies that petition EPA for section 18 pesticide use authorization State and Territorial government 9241 State agencies agencies charged with pesticide that petition EPA authority for section 18 pesticide use authorization ------------------------------------------------------------------------ This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. Other types of entities not listed in the table in this unit could also be regulated. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether or not this action applies to certain entities. To determine whether you or your business is affected by this action, you should carefully examine the applicability provisions in 40 CFR part 166. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Additional Information or Copies of this Document or Other Documents? 1. Electronically. You may obtain electronic copies of this document, and certain other related documents that might be available electronically, from the EPA Internet Home Page at http://www.epa.gov/. To access this document, on the Home Page select ``Laws and Regulations,'' ``Regulations and Proposed Rules,'' and then look up the entry for this document under the ``Federal Register--Environmental Documents.'' You can also go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/. 2. In person. The Agency has established an official record for this action under docket control number OPP-181085. The official record consists of the documents specifically referenced in this action, and other information related to this action, including any information claimed as Confidential Business Information (CBI). This official record includes the documents that are physically located in the docket, as well as the documents that are referenced in those documents. The public version of the official record does not include any information claimed as CBI. The public version of the official record, which includes printed, paper versions of any electronic comments submitted during an applicable comment period is available for inspection in the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB telephone number is (703) 305-5805. II. Background Under FIFRA section 18, 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 a particular form of specific exemption 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 [[Page 6708]] harm standard'' of the Federal Food, Drug, and Cosmetic Act (FFDCA). In this document, EPA identifies the State or Federal agency granted the exemption or denial, 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 and Denials A. U.S. States and Territories Arizona Department of Agriculture EPA authorized the use of cyhalofop-buty on rice to control bearded sprangletop; April 15, 2002 to August 15, 2002. Contact: (Barbara Madden) Colorado Department of Agriculture Idaho Department of Agriculture Specific: EPA authorized the use of flufenacet on wheat and triticale to control annual ryegrass; October 3, 2001 to June 30, 2002. Contact: (Barbara Madden) Oregon Department of Agriculture Specific: EPA authorized the use of flufenacet on wheat and triticale to control annual ryegrass; October 3, 2001 to June 30, 2002. Contact: (Barbara Madden) South Carolina Clemson University Crisis: On November 16, 2001, for the use of flufenacet on wheat to control annual ryegrass. This program ended [[Page 6709]] December 31, 2001. Contact: (Barbara Madden) Specific: EPA authorized the use of flufenacet on wheat to control annual ryegrass; November 29, 2001 to December 31, 2001. Contact: (Barbara Madden) Texas Department of Agriculture Crisis: On March 21, 2001, for the use of bifenthrin on citrus to control weevils. This program is expected to end on November 14, 2002. Contact: (Andrea Conrath) Specific: EPA authorized the use of bifenthrin on citrus to control weevils; November 14, 2001 to November 14, 2002. Contact: (Andrea Conrath) Virginia Department of Agriculture and Consumer Services Specific: EPA authorized the use of flufenacet on wheat to control annual ryegrass; October 1, 2001 to December 31, 2001. Contact: (Barbara Madden) Washington Department of Agriculture Specific: EPA authorized the use of flufenacet on wheat and triticale to control annual ryegrass; October 3, 2001 to June 30, 2002. Contact: (Barbara Madden) B. Federal Departments and Agencies Environmental Protection Agency Office of Solid Waste and Emergency Response Crisis: On November 9, 2001, for the use of chlorine dioxide liquid on structures or other property identified as contaminated or potentially contaminated by Bacillus anthracis to control anthrax. This program is expected to end on November 9, 2002. Contact: (Barbara Madden) On November 16, 2001, for the use of hydrogen peroxide and dimethylbenzyl ammonium chlorides on structures or other property identified as contaminated or potentially contaminated by Bacillus anthracis to control anthrax. This program is expected to end on November 16, 2002. Contact: (Barbara Madden) On November 30, 2001, for the use of chlorine dioxide gas in the Hart Senate Office Building to control anthrax (Bacillus anthracis). This program ended on February 1, 2002. Contact: (Barbara Madden) On December 7, 2001, for the use of ethylene oxide to fumigate items retrieved from Congressional Offices that were contaminated or potentially contaminated by Bacillus anthracis. This program is expected to end by December 6, 2002. Contact: (Barbara Madden) On December 17, 2001, for the use of ethylene oxide to fumigate mail received by the Department of Justice that may have been contaminated or potentially contaminated by Bacillus anthracis. This program ended on January 1, 2002. Contact: (Barbara Madden) List of Subjects Environmental protection, Pesticides and pest. Dated: January 30, 2002. Peter Caulkins, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. 02-3099 Filed 2-12-02; 8:45 am] BILLING CODE 6560-50-S