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12 fluorinated pesticides. November 10, 2004. Pesticide Emergency Exemptions. 11 approved; 1 denied. Federal Register.

Docket identification (ID) number OPP-2004-0232


Note from FAN: The following is a summary of 11 EPA approvals and 1 denial for requests for Emergency exemption use. We have excerpted the Notice that follows this Table and include only the fluorinated pesticides. - EC,

Pesticide

Request for use on:

States requesting
EPA Denied Request:
Fipronil Potatoes DE, NJ, VA
EPA Approved Request for use:
Bifenthrin Sweet Potatoes AR, LA, MS, NC
Carfentrazone-ethyl Fruiting
vegetables (except cucurbits)
FL
Diflubenzuron Alfalfa ID, MT, NV
Barley, Wheat ND, WA
Fludioxonil Pomegranates CA
Flumioxazin Sweet Potatoes LA, MS
Fluroxypyr  Onions CO
Fomesafen Snap beans AR, DE, IL, IN, MA, MI, MO, NY, OK, PN, VA
Dry beans CO, IA, ME, MI, MN, NE, NY, ND
Indoxacarb Cranberries MA
Lambda-
cyhalothrin
Barley WY
Sulfentrazone Strawberries MI, OH
Flax MT 
Cowpeas TN 
Tetraconazole Sugar beets MI, WY

http://www.epa.gov/fedrgstr/EPA-PEST/2004/November/Day-10/p25099.htm

[Federal Register: November 10, 2004 (Volume 69, Number 217)]
[Notices]
[Page 65183-65188]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no04-101]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0232; FRL-7371-1]

Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has granted 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 April 1, 2004 to June 30, 2004 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-
0001; 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 you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
• Crop production (NAICS 111)
• Animal production (NAICS 112)
• Food manufacturing (NAICS 311)
• Pesticide manufacturing (NAICS 32532)
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. 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 Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2004-0232. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2,
1801 South Bell St., Arlington, VA. This docket facility is open from
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.
The docket telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
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 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
[[Page 65184]]
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

Arkansas
State Plant Board
Specific: EPA authorized the use of fomesafen on snap beans to control
pigweed and morningglory; April 13, 2004 to September 15, 2004.

Contact: (Andrew Ertman)
EPA authorized the use of bifenthrin on sweet potatoes to control
beetle complex; April 29, 2004 to November 30, 2004. Contact: (Stacey
Groce)

California
Environmental Protection Agency, Department of Pesticide Regulation
EPA authorized the use of fludioxonil on pomegranates to control gray
mold; August 1, 2004 to December 15, 2004. Contact: (Andrew Ertman)

Colorado
Department of Agriculture
Crisis: On June 21, 2004, for the use of fluroxypyr on onions to
control volunteer potatoes. This program ended on July 21, 2004.
Contact: (Stacey Groce)
Specific: EPA authorized the use of fomesafen on dry beans to control
kochia and waterhemp; May 30, 2004 to July 15, 2004. Contact: (Andrew
Ertman)

Delaware
Department of Agriculture
Denial: On April 28, 2004, EPA denied the use of fipronil on potatoes
to control wireworms. This request was denied based on the
determination that the situation as described in the application does
not meet the criteria for an emergency since growers are not likely to
experience significant economic losses from wireworm infestations.
Further, the Agency also believes that the use of fipronil will not
improve the economic conditions facing potato growers because
fipronil's performance against wireworms is just as erratic as the
registered alternatives and its use will not result in any improvement
in yield or quality. Contact: (Barbara Madden).
Specific: EPA authorized the use of fomesafen on snap beans to control
weeds; May 1, 2004 to October 1, 2004. Contact: (Andrew Ertman)

Florida
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of carfentrazone-ethyl on fruiting
vegetables (except cucurbits) to control paraquat resistant nightshade,
purslane, and morningglory; June 16, 2004 to May 31, 2005. Contact:
(Andrew Ertman)

Idaho
Department of Agriculture
Crisis: On May 3, 2004, for the use of diflubenzuron on alfalfa to
control Mormon cricket and grasshoppers. This program is expected to
end on October 31, 2004. Contact: (Libby Pemberton)
On June 8, 2004, for the use of diflubenzuron on barley and wheat to
control Mormon cricket and grasshoppers. This program ended on July 14,
2004. Contact: (Libby Pemberton)

Illinois
Department of Agriculture
EPA authorized the use of fomesafen on snap beans to control weeds; May
5, 2004 to August 31, 2004. Contact: (Andrew Ertman)

Indiana
Office of Indiana State Chemist
[[Page 65185]]
EPA authorized the use of fomesafen on snap beans to control broadleaf
weeds; June 21, 2004 to September 1, 2004. Contact: (Andrew Ertman)

Iowa
Department of Agriculture and Land Stewardship
Specific: EPA authorized the use of fomesafen on dry beans to control
broadleaf weeds; June 1, 2004 to July 15, 2004. Contact: (Andrew Ertman)

Louisiana
Department of Agriculture and Forestry
Crisis: On May 7, 2004, for the use of flumioxazin on sweet potatoes to
control annual broadleaf weeds. This program ended on July 15, 2004.
Contact: (Libby Pemberton)
Specific: EPA authorized the use of flumioxazin on sweet potatoes to
control annual broadleaf weeds; May 13, 2004 to July 31, 2004. Contact:
(Libby Pemberton)
EPA authorized the use of bifenthrin on sweet potatoes to control
beetle complex; May 20, 2004 to November 30, 2004. Contact: (Stacey Groce)

Maine
Department of Agriculture, Food, and Rural Resources
EPA authorized the use of fomesafen on dry beans to control broadleaf
weeds; May 15, 2004 to July 15, 2004. Contact: (Andrew Ertman)

Maryland
Department of Agriculture
Specific: EPA authorized the use of fomesafen on snap beans to control
broadleaf weeds; June 1, 2004 to September 15, 2004. Contact: (Andrew
Ertman)

Massachusetts
Massachusetts Department of Food and Agriculture
Specific: EPA authorized the use of indoxacarb on cranberries to
control cranberry weevil; April 6, 2004 to August 1, 2004. Contact:
(Barbara Madden)

Michigan
Michigan Department of Agriculture
EPA authorized the use of tetraconazole on sugar beets to control
Cercospora leafspot; May 4, 2004 to September 30, 2004. Contact:
(Stacey Groce)
EPA authorized the use of fomesafen on snap beans to control black
nightshade and common ragweed; May 15, 2004 to August 30, 2004.
Contact: (Andrew Ertman)
EPA authorized the use of fomesafen on dry beans to control black
nightshade and common ragweed; June 1, 2004 to August 15, 2004.
Contact: (Andrew Ertman)
EPA authorized the use of sulfentrazone on strawberries to control
broadleaf weeds; June 25, 2004 to December 15, 2004. Contact: (Andrew
Ertman)

Minnesota
Department of Agriculture
[[Page 65186]]
Specific: EPA authorized the use of fomesafen on dry beans to control
common ragweed, waterhemp, ALS-resistant eastern black nightshade;May
1, 2004 to August 15, 2004. Contact: (Andrew Ertman)

Mississippi
Department of Agriculture and Commerce
EPA authorized the use of flumioxazin on sweet potatoes to control
annual broadleaf weeds; May 13, 2004 to July 31, 2004. Contact: (Libby
Pemberton)
EPA authorized the use of bifenthrin on sweet potatoes to control
beetle complex; April 29, 2004 to September 30, 2004. Contact: (Stacey
Groce)

Missouri
Department of Agriculture
Specific: EPA authorized the use of fomesafen on snap beans to control
broadleaf weeds; May 24, 2004 to September 10, 2004. Contact: (Andrew
Ertman)

Montana
Department of Agriculture
Crisis: On May 20, 2004, for the use of diflubenzuron on alfalfa to
control grasshoppers. This program is expected to end on September 30,
2004. Contact: (Libby Pemberton)
On May 10, 2004, for the use of sulfentrazone on flax to control
kochia. This program ended on June 30, 2004. Contact: (Andrew Ertman)
EPA authorized the use of diflubenzuron on wheat and barley to control
grasshoppers and Morom crickets; April 16, 2004 to July 15, 2004.
Contact: (Barbara Madden)

Nebraska
Department of Agriculture
Specific: EPA authorized the use of fomesafen on dry beans to control
weeds; June 1, 2004 to July 15, 2004. Contact: (Andrew Ertman)

Nevada
Department of Agriculture
Specific: EPA authorized the use of diflubenzuron on alfalfa to control
grasshoppers and Mormon crickets; April 16, 2004 to October 31, 2004.
Contact: (Barbara Madden)

New Jersey
Department of Environmental Protection
Denial: On April 28, 2004, EPA denied the use of fipronil on potatoes
to control wireworms. This request was denied based on the
determination that the situation as described in the application does
not meet the criteria for an emergency since growers are not likely to
experience significant economic losses from wireworm infestations.
Further, the Agency also believes that the use of fipronil will not
improve the economic conditions facing potato growers because
fipronil's performance against wireworms is just as erratic as the
registered alternatives and its use will not result in any improvement
in yield or quality. Contact: (Barbara Madden).

New York
Department of Environmental Conservation
Specific: EPA authorized the use of fomesafen on snap beans to control
broadleaf weeds; May 5, 2004 to August 31, 2004. Contact: (Andrew
Ertman)
EPA authorized the use of fomesafen on dry beans to control broadleaf
weeds; June 1, 2004 to August 30, 2004. Contact: (Andrew Ertman)

North Carolina
Department of Agriculture
On June 2, 2004, for the use of bifenthrin on sweet potatoes to control
wireworm. This program is expected to end on September 30, 2004.
Contact: (Libby Pemberton)

[[Page 65187]]

North Dakota
Department of Agriculture
EPA authorized the use of fomesafen on dry beans to control ragweed and
waterhemp; June 1, 2004 to August 15, 2004. Contact: (Andrew Ertman)
EPA authorized the use of diflubenzuron on wheat and barley to control
various grasshopper species; June 30, 2004 to July 15, 2004. Contact:
(Libby Pemberton)

Ohio
Department of Agriculture
EPA authorized the use of sulfentrazone on strawberries to control
groundsel; June 3, 2004 to December 15, 2004. Contact: (Andrew Ertman)

Oklahoma
Department of Agriculture
Specific: EPA authorized the use of fomesafen on snap beans to control
annual weeds; April 15, 2004 to September 10, 2004. Contact: (Andrew
Ertman)

Pennsylvania
Department of Agriculture
Specific: EPA authorized the use of fomesafen on snap beans to control
weeds; May 1, 2004 to August 30, 2004. Contact: (Andrew Ertman)

Tennessee
Department of Agriculture
Crisis: On May 14, 2004, for the use of sulfentrazone on cowpeas to
control Hophornbeam Copperleaf. This program is expected to end on
September 30, 2004. Contact: (Andrew Ertman)
Specific: EPA authorized the use of sulfentrazone on cowpeas to control
Hophornbeam Copperleaf; May 14, 2004 to September 30, 2004. Contact:
(Andrew Ertman)

Virginia
Department of Agriculture and Consumer Services
Denial: On April 28, 2004, EPA denied the use of fipronil on potatoes
to control wireworms. This request was denied based on the
determination that the situation as described in the application does
not meet the criteria for an emergency since growers are not likely to
experience significant economic losses from wireworm infestations.
Further, the Agency also believes that the use of fipronil will not
improve the economic conditions facing potato growers because
fipronil's performance against wireworms is just as erratic as the
registered alternatives and its use will not result in any improvement
in yield or quality. Contact: (Barbara Madden)
Specific: EPA authorized the use of fomesafen on snap beans to control
weeds; April 20, 2004 to September 19, 2004. Contact: (Andrew Ertman)

Washington
Department of Agriculture
Crisis: On June 3, 2004, for the use of diflubenzuron on barley and
wheat to control Mormon cricket and grasshoppers. This program ended on
July 14, 2004. Contact: (Libby Pemberton)

[[Page 65188]]

Wyoming
Department of Agriculture
EPA authorized the use of lambda-cyhalothrin on barley to control the
Russian wheat aphid; April 23, 2004 to July 31, 2004. Contact: (Andrew
Ertman)
EPA authorized the use of tetraconazole on sugar beets to control
Cercospora leafspot; May 4, 2004 to September 30, 2004. Contact:
(Stacey Groce)

...

[FR Doc. 04-25099 Filed 11-9-04; 8:45 am]
BILLING CODE 6560-50-S