Emergency exemptions for pesticide use. Aug 7, 2002. Carfentrazone-ethyl, Fipronil, Fludioxonil, Fluroxypyr, Fomesafen, Hydramethylnon, lambda-Cyhalothrin, Sulfentrazone, Tetraconazole. Federal Register.

FLUORIDE ACTION NETWORK PESTICIDE PROJECT
August 7, 2002. Emergency Exemptions for pesticide use. Federal Register.
Carfentrazone-ethyl,
Fipronil
Fludioxonil
Fluroxypyr
Fomesafen
Hydramethylnon
lambda-Cyhalothrin
Sulfentrazone
Tetraconazole.
Note from FAN:
We list only the organofluorine pesticides cited in this Notice.
http://www.epa.gov/fedrgstr/EPA-PEST/2002/August/Day-07/p19802.htm

[Federal Register: August 7, 2002 (Volume 67, Number 152)]
[Notices]
[Page 51272-51278]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au02-89]

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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2002-0164; FRL-7189-9]
 
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

[[Page 51273]]

exemptions or denials were granted during the period April 1, 2002 to 
June 30, 2002, 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
State and Territorial government                       that petition EPA
 agencies charged with pesticide                       for section 18
 authority.                                            pesticide use
                                                       authorization
                                                      State agencies
                                                       that petition EPA
                                                       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. 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 ID number OPP-2002-0164. 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 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


California
Environmental Protection Agency, Department of Pesticide Regulation
Specific: EPA authorized the use of fludioxonil on pomegranates to 
control gray mold; August 1, 2002 to December 15, 2002. Contact: Andrew 
Ertman

[[Page 51274]]

Colorado
Department of Agriculture

    EPA authorized the use of sulfentrazone on chickpeas to control 
broadleaf weeds; April 24, 2002 to June 30, 2002. Contact: Andrew 
Ertman
    EPA authorized the use of lambda-cyhalothrin on barley to control 
Russian wheat aphids; May 8, 2002 to July 15, 2002. Contact: Andrew 
Ertman
    EPA authorized the use of tetraconazole on sugarbeet to control 
Cercospora; May 29, 2002 to September 30, 2002. Contact: Andrea Conrath
   
Connecticut
Department of Environmental Protection
Public Health: EPA authorized the use of fipronil in a rodent bait box 
system to control immature blacklegged ticks which are vectors for Lyme 
disease. Lyme disease is a serious public health concern. Lyme disease 
is caused by the bacterium, Borrelia burgdorferi. These bacteria are 
transmitted to humans by the bite of infected deer ticks and cause more 
than 16,000 infections in the United States each year. Lyme disease is 
spread by the bite of ticks of the genus Ixodes that are infected with 
Borrelia burgdorferi.; April 26, 2002 to December 31, 2002. Contact: 
Barbara Madden

Delaware
Department of Agriculture
Specific: EPA authorized the use of fomesafen on snap beans to control 
various weed species; April 1, 2002 to October 1, 2002. Contact: Andrea 
Conrath
    
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; May 31, 2002 to May 30, 2003. Contact: 
Barbara Madden
    
Hawaii
Department of Agriculture
Specific: EPA authorized the use of hydramethylnon on pineapple to 
control big-headed and Argentine ants; May 31, 2002 to May 31, 2003. 
Contact: Libby Pemberton

Idaho
Department of Agriculture
    EPA authorized the use of fluroxypyr on sweet corn and field corn 
to control volunteer potatoes; May 20, 2002 to August 1, 2002. Contact: 
Andrew Ertman
    EPA authorized the use of lambda-cyhalothrin on barley to control 
Russian wheat aphids; May 22, 2002 to July 30, 2002. Contact: Andrew 
Ertman
    
Illinois
Department of Agriculture
Specific: EPA authorized the use of fomesafen on snap beans to control 
various weed species; April 1, 2002 to August 31, 2002. Contact: Andrea 
Conrath
    EPA authorized the use of sulfentrazone on horseradish to control 
broadleaf weeds; April 15, 2002 to July 15, 2002. Contact: Andrew 
Ertman

Indiana
Office of Indiana State Chemist
Specific: EPA authorized the use of fomesafen on snap beans to control 
various weed species; May 6, 2002 to September 1, 2002. Contact: Andrea 
Conrath

[[Page 51275]]

Maine
Department of Agriculture, Food, and Rural Resources
Specific: EPA authorized the use of fomesafen on dry beans to control 
various weed species; May 6, 2002 to July 15, 2002. Contact: Andrea 
Conrath
    
Maryland
Department of Agriculture
Specific: EPA authorized the use of fomesafen on snap beans to control 
various weed species; April 1, 2002 to September 15, 2002. Contact: 
Andrea Conrath
    
Michigan
Michigan Department of Agriculture
    EPA authorized the use of fomesafen on dry beans to control various 
weed species; May 6, 2002 to August 15, 2002. Contact: Andrea Conrath
    EPA authorized the use of fomesafen on snap beans to control 
various weed species; May 6, 2002 to August 30, 2002. Contact: Andrea 
Conrath
    EPA authorized the use of tetraconazole on sugarbeet to control 
Cercospora; May 29, 2002 to September 30, 2002. Contact: Andrea Conrath

Minnesota
Department of Agriculture
Specific: EPA authorized the use of fomesafen on dry beans to control 
various weed species; April 1, 2002 to August 15, 2002. Contact: Andrea 
Conrath
    EPA authorized the use of sulfentrazone on horseradish to control 
broadleaf weeds; April 15, 2002 to July 15, 2002. Contact: Andrew 
Ertman
    
Missouri
Department of Agriculture
Specific: EPA authorized the use of fomesafen on snap beans to control 
various weed species; April 1, 2002 to September 10, 2002. Contact: 
Andrea Conrath

Montana
Department of Agriculture
    EPA authorized the use of sulfentrazone on chickpeas and dried peas 
to control kochia; April 9, 2002 to June 30, 2002. Contact: Andrew 
Ertman
    EPA authorized the use of lambda-cyhalothrin on barley to control 
cutworms; May 22, 2002 to July 1, 2002. Contact: Andrew Ertman

Nebraska
Department of Agriculture
    EPA authorized the use of sulfentrazone on chickpeas to control 
broadleaf weeds; April 12, 2002 to July 1, 2002. Contact: Andrew Ertman
    EPA authorized the use of sulfentrazone on potatoes to control 
broadleaf weeds; May 21, 2002 to July 1, 2002. Contact: Andrew Ertman
    EPA authorized the use of tetraconazole on sugarbeet to control 
Cercospora; May 29, 2002 to September 30, 2002. Contact: Andrea Conrath

New Jersey
Department of Environmental Protection
Public Health: EPA authorized the use of fipronil in a rodent bait box 
system to control immature blacklegged ticks which are vectors for Lyme 
disease. Lyme disease is a serious public health concern. Lyme disease 
is caused by the bacterium, Borrelia burgdorferi. These bacteria are 
transmitted to humans by the bite of infected deer ticks and cause more 
than 16,000 infections in the United States each year. Lyme disease is 
spread by the bite of ticks of the genus

[[Page 51276]]

Ixodes that are infected with Borrelia burgdorferi. May 8, 2002 to 
December 31, 2002. Contact: Barbara Madden
    EPA authorized the use of fludioxonil on peaches and nectarines to 
control brown rot, gray mold, and Rhizopus rot; July 1, 2002 to 
September 30, 2002. Contact: Andrew Ertman

New York
Department of Environmental Conservation
Public Health: EPA authorized the use of fipronil in a rodent bait box 
system to control immature blacklegged ticks which are vectors for Lyme 
disease. Lyme disease is a serious public health concern. Lyme disease 
is caused by the bacterium, Borrelia burgdorferi. These bacteria are 
transmitted to humans by the bite of infected deer ticks and cause more 
than 16,000 infections in the United States each year. Lyme disease is 
spread by the bite of ticks of the genus Ixodes that are infected with 
Borrelia burgdorferi. June 7, 2002 to December 31, 2002. Contact: 
Barbara Madden
Specific: EPA authorized the use of fomesafen on snap and dry beans to 
control various weed species; April 1, 2002 to August 30, 2002. 
Contact: Andrea Conrath
    
North Dakota
Department of Agriculture
Specific: EPA authorized the use of fomesafen on dry beans to control 
various weed species; April 1, 2002 to August 15, 2002. Contact: Andrea 
Conrath
    EPA authorized the use of sulfentrazone on flax to control kochia 
and ALS-resistant kochia; April 1, 2002 to June 30, 2002. Contact: 
Andrew Ertman
    
Oklahoma
Department of Agriculture
Specific: EPA authorized the use of fomesafen on snap beans to control 
various weed species; April 1, 2002 to September 10, 2002. Contact: 
Andrea Conrath
    
Oregon
Department of Agriculture
    EPA authorized the use of cyprodinil and fludioxonil on caneberries 
to control gray mold; April 19, 2002 to September 15, 2002. Contact: 
Libby Pemberton
    EPA authorized the use of fluroxypyr on sweet corn and field corn 
to control volunteer potatoes; May 13, 2002 to August 1, 2002. Contact: 
Andrew Ertman
 
South Carolina
Clemson University
Specific: EPA authorized the use of fludioxonil on peaches, nectarines, 
and

[[Page 51277]]

plums to control brown rot; May 1, 2002 to September 15, 2003. Contact: 
Andrew Ertman

South Dakota
Department of Agriculture
Specific: EPA authorized the use of sulfentrazone on chickpeas and 
dried peas to control kochia; April 9, 2002 to June 30, 2002. Contact: 
Andrew Ertman
    
Tennessee
Department of Agriculture
Specific: EPA authorized the use of sulfentrazone on lima beans and 
cowpeas to control hophornbeam copperleaf; May 30, 2002 to September 
30, 2003. Contact: Barbara Madden

Virginia
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of fomesafen on snap beans to control 
various weed species; April 1, 2002 to September 20, 2002. Contact: 
Andrea Conrath

Washington
Department of Agriculture
Specific: EPA authorized the use of cyprodinil and fludioxonil on 
caneberries to control gray mold; May 1, 2002 to September 15, 2002. 
Contact: Libby Pemberton
    EPA authorized the use of fluroxypyr on sweet corn and field corn 
to control volunteer potatoes; May 13, 2002 to August 1, 2002. Contact: 
Andrew Ertman

Wisconsin
Department of Agriculture, Trade, and Consumer Protection
    EPA authorized the use of sulfentrazone on horseradish to control 
broadleaf weeds; April 15, 2002 to July 15, 2002. Contact: Andrew 
Ertman
    EPA authorized the use of sulfentrazone on strawberries to control 
common groundsel; June 20, 2002 to December 15, 2002. Contact: Barbara 
Madden

Wyoming
Department of Agriculture
Specific: EPA authorized the use of lambda-cyhalothrin on barley to 
control Russian wheat aphids; May 22, 2002 to July 31, 2002. Contact: 
Andrew Ertman

[[Page 51278]]

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: July 25, 2002.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 02-19802 Filed 8-6-02; 8:45 am]
BILLING CODE 6560-50-S