[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Notices]
[Pages 22840-22841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10448]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2019-0225; FRL-9992-90]


Lambda-Cyhalothrin; Receipt of Application for Emergency 
Exemption, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a specific exemption request from the 
Washington State Department of Agriculture (WSDA) to use the pesticide 
lambda-cyhalothrin (CAS No. 91465-08-6) to treat up to 7,000 acres of 
asparagus to control the European asparagus aphid. The applicant 
proposes a use which is supported by the Interregional Research Project 
Number 4 (IR-4) program and has been requested in 5 or more previous 
years, and a petition for tolerance has not yet been submitted to the 
Agency. Therefore, in accordance with the requirement at 40 CFR 
166.24(a)(7), EPA is soliciting public comment before making the 
decision whether to grant the exemption.

DATES: Comments must be received on or before June 4, 2019.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2019-0225, 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: Michael L. Goodis, 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:

[[Page 22841]]

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).

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/commenting-epa-dockets.
    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 
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 WSDA has requested 
the EPA Administrator to issue a specific exemption for the use of 
lambda-cyhalothrin on asparagus to control the European asparagus 
aphid. Information in accordance with 40 CFR part 166 was submitted as 
part of this request.
    As part of this request, the applicant asserts that the 
cancellation of the previously relied-upon tool, disulfoton, left 
asparagus growers in the state of Washington with no adequate 
alternatives to control the European asparagus aphid, and significant 
economic losses will occur without sufficient control. The Applicant 
proposes to make no more than 3 applications at a maximum rate of 0.03 
pound (lb.) (total of 0.09 lb.) per acre of lambda-cyhalothrin on up to 
7,000 acres of asparagus grown in the state of Washington from June 15 
to October 30, 2019. Treatment of the maximum acreage at the maximum 
rate would result in a total use of lambda-cyhalothrin of 630 lbs.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing FIFRA section 18 at 40 
CFR 166.24(a)(7), require publication of a notice of receipt of an 
application for a specific exemption proposing a use which is supported 
by the IR-4 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 
exemption requested by the WSDA.

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

    Dated: May 2, 2019.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2019-10448 Filed 5-17-19; 8:45 am]
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