FindingofNo Significant Impactfor Quarantine andInterstate Movement of Citrus Greening and Asian CitrusPsyllid

EnvironmentalAssessment July 2009 TheU.S. Department ofAgriculture (USDA), Animal and Plant Health Inspection Service (APHIS), has prepared an environmental assessment (EA) that analyzes the potential environmental consequences of implementing a citrus greening (CG) and Asian citrus psyllid (ACP) control program. The proposed program is needed to control the spread ofCG and ACP in orderto minimize economic damage to citrus in groves and nurseries. The final EA, incorporated byreference in this document, is available from:

U.S. Department ofAgriculture Animal and Plant HealthInspection Service PlantProtection and Quarantine Emergency and Domestic Programs EmergencyManagement 4700 River Road, Unit 134 Riverdale, MD 20737-1236

The U.S. Department ofAgriculture (USDA), Animal and Plant Health Inspection Service (APHIS) has undertaken measures to control the artificial spread ofCG and ACP to noninfested areas ofthe United States since the introduction ofthe CG in 2005. Since September 16,2005, APHIS has issued Federal Orders to designate quarantined areas and imposedrestrictions onthe interstate movement ofall CG and ACP hostmaterial from these areas.

A July 2009 EA wasprepared to comply with the procedural requirements ofthe National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.) and APHIS' NEPA implementing procedures (7 CFRpart 372). The EA analyzed two alternatives: (1) the no action alternative, in which APHIS would withdraw the current Federal Order and would take no further regulatory action; and (2) the proposld action alternative, in which the control program would codify sorr.(: ofthe provisions ofthe current Federal Order, clarify others, and add provisions thatAPHIS has determined to be necessary to preventthe spread ofCG and ACP to noninfested areas ofthe United States. Under the proposed program, the interstate movement ofarticlesregulated for CG and ACP from an area quarantined for CG
orACP will be prohibited, exceptunder certain conditions.

Thepurpose ofpreparing an EAis for an Agency to determine whether a significant environmental impact is likelyto occur as aresult ofthe proposed action. An environmental impact statement (ElS) mustbeprepared ifimplementation ofthe proposed action may significantly affect the quality ofthe human environment. Based on the information provided in the July 2009 EA, Ihave determined that there would beno significant impactto the human environment from the implementation ofthe proposed control program and, therefore, noEIS needs tobe prepared. APHIS' finding ofno significant impact from the proposed controlprogram is based up on the expected limited environmental consequences, as analyzed in the EA and summarized below.

The EA analyzed thepotential environmental impacts arising from chemical (i.e., methylbromide, dinotefuran, imidacloprid, bifenthrin, chlorpyrifos, deltamethrin, fenpropathrin, or an imidacloprid and cyfluthrin mixture) and irradiation treatments that would berequired ifregulated articles were moved interstate from areas quarantined for ACP. The onlypotentially affected areas to be treated pursuant to the proposedprogram are within commercial nurseries. The EAconcluded that, providedpersons applying the chemical treatments follow the pesticide label, its applicable directions, and all restrictions and precautions, including statements pertainingto WorkerProtection Standards, the effects to theenvironment and to humans from chemical treatments within nurseries are not expected to be substantial. Protective gear and safety precautionsrequired by the label and standard operating procedures are designed to ensure that no adverse effects to program workers will beexpected.

Since methyl bromide fumigation is conducted in contained facilities, potential exposure to the environment and to nontargets, including humans in the surrounding communities, is minimal. Additionally, adherence to goodpractices and guidelines should ensure that there are no adverse effects
on workers and bystanders. Consumers are unlikely to be impacted by handling a commodity which has been fumigated with methyl bromide because methyl bromide dissipates quickly once the commodity is removed from the fumigation chamber. The expected use ofmethyl bromide in fumigation ofarticles underthe proposed control program is well below any levels that could contribute measurably to ozone depletion. In addition, irradiation treatment ofregulated articles is under controlled conditions in contained facilities, and, therefore, the potential exposure to the environment and nontarget species is minimal. Irradiation facilities are strictlyregulated for human and environmental safety. Consumption of irradiated regulated articles should pose no significantrisk to consumers.
Thepotential for affecting threatened and endangered species exists only at the site where the chemical treatments will occur, namely in the nurseries. APHIS is in the process ofgatheringpertinentinformation and intends to consult with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service to ensure that proper measures are taken to protect endangered and threatened species. Any conservation
measures decided upon would beincorporated into the compliance agreements required by APHIS for the
nursenes.

Due to the nature ofthe proposed actions, we anticipate no disproportionate adverse effects to minorities, low-income populations, orchildren in accordance with Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations," and Executive Order 13045, "Protection ofChildren from Environmental HealthRisks and SafetyRisks." APHIS is in the process ofcomplying with the Executive Order 13175, "Consultation and Coordination with Indian Tribal Governments," by collaborating with Indian tribal officials to ensure that they are well-informed and represented in decisions regarding the proposed program.
The Council on Environmental Quality's NEPA implementingregulations require that environmental documents be made available to the persons and agencies that may be interested or affected. The July 2009 EA prepared for the proposed CG and ACP control program was made available to the public for comment. The agency accepted comments for 30 days, ending November 9,2009. APHIS received three comments.

One comment was notrelated to the EAbutto the CG and ACP control program. The commenter requested that we allow the limited interstate movement ofcitrus nursery stockfrom an area quarantined for citrus greening; under the program, such movement is prohibited, unless the articles are destined for immediate export. We would authorize such movement onlyifwe determine that measures exist that adequately mitigate therisk associated with it. Ourevaluation ofpossible measures is currently ongoing.

A second comment was received from the United States Department ofthe Interior (DOl), Fish and Wildlife Service (Service). The commenter indicated a general agreement with the EA, referenced the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act, and requested applicators avoid direct spraying ofbirds ofany species. A third comment wasreceived from the DOl'sNational Park Service (NPS). NPS requested that they be informed ifnewinformation becomes available regarding control strategies and threatened and endangered species.APHIS acknowledges and appreciates these comments, but we do not consider it necessary to revise the EAin response to them. However, we have revised the EA to reference Federal Orders issued since the close ofthe commentperiod.

Based on this July 2009 EA, I have determined that this finding ofno significant impactis the appropriate environmental decision to make in reference to the proposed control action. Additionally, I have selected the proposed action alternative because it will be able to effectively address the serious plant disease risk 

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