[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64144-64147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22418]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0025; FRL-10010-60]


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 October 1, 2019 through June 30, 2020 to control unforeseen 
pest outbreaks.

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).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed at the end of 
the emergency exemption.

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-2020-0025, is available at http://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

[[Page 64145]]

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 is (202) 566-1744, and the telephone 
number for the OPP Docket is (703) 305-5805.
    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.

II. Background

    EPA has granted emergency exemptions to the following State and 
Federal agencies. The emergency exemptions may take the following form: 
Crisis, public health, quarantine, or specific.
    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

Alabama
Department of Agriculture and Industries
    Specific exemptions: EPA authorized the use of dinotefuran on a 
maximum of 175 acres of fuzzy kiwifruit fields to control brown 
marmorated stink bug. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.603(b); Effective April 25, 
2020 to October 31, 2020.
    EPA authorized the use of fenpropathrin on a maximum of 175 acres 
of fuzzy kiwifruit fields to control brown marmorated stink bug. A 
time-limited tolerance in connection with this action has been 
established in 40 CFR 180.466(b); Effective April 25, 2020 to October 
31, 2020.
California
Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of kasugamycin on a 
maximum of 100,000 acres of almond trees to control bacterial blast 
(Pseudomonas syringae pv. syringae). A time-limited tolerance in 
connection with this action will be established in 40 CFR 180.614(b) in 
almond and almond hulls to cover any residues that may result from this 
use. Effective February 14, 2020 to April 15, 2020.
    EPA authorized the use of methoxyfenozide on a maximum of 100,000 
acres of rice to control armyworm (Mythimna unipuncta) and Western 
Yellowstriped Armyworm (Spodoptera praefica). A time-limited tolerance 
in connection with this action has been established in 40 CFR 
180.544(b). Effective April 20, 2020 to October 4, 2020.
    EPA authorized the use of bifenthrin on a maximum of 18,000 acres 
of pomegranates to control leaffooted plant bug. A time-limited 
tolerance in connection with this action has been established in 40 CFR 
180.442(b). Effective July 11, 2020 to December 31, 2020.
    Quarantine exemption: EPA authorized the use of streptomycin on up 
to 23,000 acres of citrus to manage citrus greening disease (also known 
as Huanglongbing). Time-limited tolerances in connection with past 
actions for this use have been established in 40 CFR 180.24(b). 
Effective April 4, 2020 to April 4, 2021.
Florida
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the use of streptomycin on up 
to 330,254 acres of citrus to manage citrus greening disease (also 
known as Huanglongbing). Time-limited tolerances in connection with 
past actions for this use have been established in 40 CFR 180.245(b). 
Effective December 31, 2019 to December 31, 2020.
    EPA authorized the use of the insecticide clothianidin on a maximum 
of 125,376 acres of immature (3 to 5 years old) citrus trees to control 
the Asian citrus psyllid, the vector of citrus greening disease (also 
known as Huanglongbing) to manage disease transmission. A time-limited 
tolerance in connection with this action was established in 40 CFR 
180.586(b). Effective January 1, 2020 to October 31, 2020.
Georgia
Department of Agriculture
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 200 acres of sweet sorghum (forage and syrup) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.679(b). Effective June 18, 
2020 to November 15, 2020.
Idaho
Department of Agriculture
    Specific exemption: EPA authorized the use of the herbicide 
pyridate on a maximum of 9,500 acres of mint for postemergence control 
of herbicide-resistant annual weeds such as redroot pigweed, Amaranthus 
retroflexus and other broadleaf weeds. Tolerances in connection with an 
earlier registration action are established in 40 CFR 180.462(a). 
Effective May 21, 2020 to August 31, 2020.
Indiana
Office of the Indiana State Chemist
    Specific exemption: EPA authorized the use of herbicide pyridate on 
a maximum of 11,200 acres of mint for postemergence control of 
herbicide-resistant annual weeds such as redroot pigweed, Armaranthus 
retroflexus and other broadleaf weeds. Tolerances in connection with an 
earlier registration action are established in 40 CFR 180.462(a). 
Effective May 21, 2020 to August 31, 2020.

[[Page 64146]]

Kentucky
Department of Agriculture
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 1,500 acres of sweet sorghum (forage and syrup) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.679(b). Effective April 6, 
2020 to November 15, 2020.
Maryland
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 3,570 acres of apples, peaches, and nectarines to control 
the brown marmorated stinkbug. Time-limited tolerances in connection 
with past actions were established in 40 CFR 180.442(b). Effective May 
21, 2020 to October 15, 2020.
Massachusetts
Department of Agricultural Resources
    Specific exemption: EPA authorized the use of pronamide on a 
maximum of 5,000 acres of cranberries to control dodder. A time-limited 
tolerance in connection with this action has been established in 40 CFR 
180.679(b). Effective April 15, 2020 to June 30, 2020.
Michigan
Department of Agriculture and Rural Development
    Specific exemption: EPA authorized the use of the herbicide 
pyridate on a maximum of 1,250 acres of mint for postemergence control 
of herbicide-resistant annual weeds such as redroot pigweed, 
Armaranthus retroflexus and other broadleaf weeds. Tolerances in 
connection with an earlier registration action are established in 40 
CFR 180.462(a). Effective May 21, 2020 to August 31, 2020.
Nevada
Department of Agriculture
    Specific exemption: EPA authorized the use of indaziflam on a 
maximum of 100,000 acres of rangeland, pastures and conservation 
reserve program areas to control medusahead and Ventenata. Time-limited 
tolerances in connection with this action have been established in 40 
CFR 180.653(b). Effective March 28, 2020 to March 26, 2021.
New York
Department of Environmental Conservation
    Crisis exemption: EPA concurred upon crisis exemptions declared by 
the New York Department of Environmental Conservation (NYDEC) on March 
16, 2020, for use of peroxyacetic acid and hydrogen peroxide to treat 
regulated medical waste to control the spread of coronavirus. NYDEC 
also submitted a full request for public health exemptions to allow the 
use to continue beyond the 15-day period allowed under stand-alone 
crisis exemptions. This use became effective on March 16, 2020 and will 
continue until EPA renders a decision on the public health exemption 
request.
    Public Health Exemptions: EPA authorized the use of peroxyacetic 
acid and hydrogen peroxide to treat regulated medical waste potentially 
contaminated with the causal agent of COVID-19, the Severe Acute 
Respiratory Syndrome Coronavirus 2 (SARS-CoV-2). Effective May 28, 2020 
to May 28, 2021.
North Carolina
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the postharvest use of 
thiabendazole on a maximum of 95,000 acres of sweet potatoes to control 
black rot (Ceratocystis fimbriata). A time-limited tolerance in 
connection with this action has been established in 40 CFR 180.680(b). 
Effective April 3, 2020 to April 3, 2021.
    EPA authorized the use of bifenthrin on a maximum of 3,000 acres of 
apples, peaches, and nectarines to control the brown marmorated 
stinkbug. Time-limited tolerances in connection with past actions were 
established in 40 CFR 180.442(b). Effective June 16, 2020 to October 
15, 2020.
Oregon
Department of Agriculture
    Specific exemption: EPA authorized the use of the herbicide 
pyridate on a maximum of 5,200 acres of mint for postemergence control 
of herbicide-resistant annual weeds such as redroot pigweed, 
Armaranthus retroflexus and other broadleaf weeds. Tolerances in 
connection with an earlier registration action are established in 40 
CFR 180.462(a). Effective May 21, 2020 to August 31, 2020.
Pennsylvania
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 24,974 acres of apples, peaches, and nectarines to control 
the brown marmorated stinkbug. Time-limited tolerances in connection 
with past actions were established in 40 CFR 180.442(b). Effective May 
21, 2020 to October 15, 2020.
    EPA authorized the use of etofenprox for use in mushroom houses on 
up to 16 million square feet (equivalent to 2,000 mushroom houses) to 
control Sciarid and Phorid fly species. Tolerances in connection with a 
previous action have been established in 40 CFR 180.620(a) to cover any 
residues as a result of this emergency exemption use. Effective June 
24, 2020 to June 24, 2021.
South Dakota
Department of Agriculture
    Specific exemption: EPA authorized the use of pyridate on a maximum 
of 910 acres of double-cut mint for postemergence control of herbicide-
resistant annual weeds such as Redroot pigweed, Armaranthus 
retroflexus, common lambquarters, kochia and Russian thistle. 
Tolerances in connection with an earlier registration action are 
established in 40 CFR 180.462(a). Effective May 21, 2020 to August 31, 
2020.
Texas
Department of Agriculture
    Specific exemption: EPA authorized the use of clothianidin on a 
maximum of 4,000 acres of immature citrus trees to manage the 
transmission of Huanglongbing (HLB) disease vectored by the Asian 
citrus psyllid. A time-limited tolerance in connection with this action 
was established in 40 CFR 180.668(b). Effective May 7, 2020 to May 7, 
2021.
Utah
Department of Agriculture
    Specific exemption: EPA authorized the use of indaziflam on a 
maximum of 10,000 acres of rangeland, pastures and CRP to control 
medusahead and Ventenata. Time-limited tolerances in connection with a 
previous action have been established in 40 CFR 180.653(b). Effective 
February 1, 2020 to January 30, 2021.
Virginia
Department of Agriculture and Consumer Services
    Specific exemption: EPA authorized the use of bifenthrin on a 
maximum of 29,000 acres of apples, peaches, and nectarines to control 
the brown marmorated stinkbug. Time-limited tolerances in connection 
with past actions were established in 40 CFR 180.442(b). Effective May 
21, 2020 to October 15, 2020.

[[Page 64147]]

Washington
Department of Agriculture
    Specific exemption: EPA authorized the use of the herbicide 
pyridate on a maximum of 16,000 acres of mint for postemergence control 
of herbicide-resistant annual weeds such as redroot pigweed, Amaranthus 
retroflexus and other broadleaf weeds. Tolerances in connection with an 
earlier registration action are established in 40 CFR 180.462(a). 
Effective May 21, 2020 to August 31, 2020.
West Virginia
Department of Agriculture
    Specific exemption: EPA authorized the use of bifenthrin on a 
maximum of 5,986 acres of apples, peaches, and nectarines to control 
the brown marmorated stinkbug. Time-limited tolerances in connection 
with past actions were established in 40 CFR 180.442(b). Effective June 
16, 2020 to October 15, 2020.
Wisconsin
Department of Agriculture
    Specific exemption: EPA authorized the use of the herbicide 
pyridate on a maximum of 3,100 acres of mint for postemergence control 
of herbicide-resistant annual weeds such as redroot pigweed, 
Armaranthus retroflexus and other broadleaf weeds. Tolerances in 
connection with an earlier registration action are established in 40 
CFR 180.462(a). Effective May 21, 2020 to August 31, 2020.

B. Federal Departments and Agencies

Agriculture Department
Animal and Plant Health Inspector Service
    Quarantine exemptions: EPA authorized the use of a mixture of 
sodium hypochlorite and propylene glycol for use under freezing 
conditions on hard, nonporous surfaces associated with poultry 
facilities in the United States, for disinfection from Newcastle 
disease virus. Effective November 1, 2019 to November 1, 2022.
    EPA authorized the use of a mixture of potassium peroxymonosulfate 
and propylene glycol for use under freezing conditions on hard, 
nonporous surfaces associated with poultry facilities in the United 
States, for disinfection from Newcastle disease virus. Effective 
December 4, 2019 to December 4, 2022.
    EPA authorized the use of methyl bromide on post-harvest unlabeled 
imported/domestic commodities to prevent the introduction/spread of any 
new or recently introduced foreign pest(s) to any U.S. geographical 
location. Time-limited tolerances in connection with previous actions 
for this use have been established in 40 CFR 180.124(b). Effective 
March 1, 2020 to March 1, 2023.
Centers for Disease Control and Prevention
    Public health exemptions: EPA authorized the uses of hydrogen 
peroxide, didecyl dimethyl ammonium chloride, isopropanol, ethanol, n-
alkyl-dimethyl ethylbenzyl ammonium chloride, and n-alkyl dimethyl 
benzyl ammonium chloride, on hard, nonporous surfaces in health care 
settings in the United States to disinfect from Candida auris. 
Effective October 16, 2019 to October 16, 2020.

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

    Dated: September 24, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2020-22418 Filed 10-8-20; 8:45 am]
BILLING CODE 6560-50-P