[Federal Register Volume 85, Number 157 (Thursday, August 13, 2020)]
[Notices]
[Pages 49365-49366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17734]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0360; FRL-10012-55]


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 
California Department of Pesticide Regulation to use the pesticide 
lambda-cyhalothrin (CAS No. 91465-08-6) to treat up to 3,000 acres of 
asparagus to control the European asparagus aphid. The applicant 
proposes a use which is supported by the Interregional (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. EPA is soliciting 
public comment before making the decision whether to grant the 
exemption.

DATES: Comments must be received on or before August 28, 2020.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2020-0360, 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

[[Page 49366]]

delivery of boxed information, please follow the instructions at 
https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    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.

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 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 http://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 
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 California Department 
of Pesticide Regulation (CDPR) has requested the EPA Administrator to 
issue a specific exemption for the use of lambda-cyhalothrin on 
asparagus to control the European asparagus aphid (EAA). Information in 
accordance with 40 CFR part 166 was submitted as part of this request.
    As part of this request, the applicant asserts that growers are 
reporting increased pressure from EAA, and with chlorpyrifos banned for 
use in California, there is no efficacious product to control this 
pest. CDPR states that uncontrolled EAA infestations will cause 
significant plant stand reduction and lower asparagus yields, which 
could threaten the viability of the California asparagus industry if 
the emergency pest situation is not addressed.
    The Applicant proposes to make no more than 2 applications at a 
maximum rate of 0.03 fluid ounces per acre of lambda-cyhalothrin, on up 
to 3,000 acres of asparagus grown in the California counties of Colusa, 
Kern, Merced, Monterey, San Joaquin and Solano from August 1 to October 
31, 2020. Treatment of the maximum acreage at the maximum rate would 
result in a total use of 180 fluid ounces of lambda-cyhalothrin (90 
gallons of formulated product).
    This notice does not constitute a decision by EPA on the 
application itself. 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 Inter-Regional 
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. 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 CDPR, as well as any subsequent 
specific exemption applications submitted by other state lead agencies.

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

    Dated: July 29, 2020.
Catherine Aubee,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2020-17734 Filed 8-12-20; 8:45 am]
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