Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices 76481 

basis as noted above. EPA also notes 

that entities with wholly past violations 

and no outstanding noncompliance 

likely face little, if any, risk of citizen 

suit exposure. Accordingly, regardless 

whether the disclosed violations are 

resolved, EPA is optimistic that 

responsible disclosing entities will not 

be dissuaded from disclosing violations. 

IV. Applicability 

The Audit Policy, Small Business 

Compliance Policy, and New Owner 

Policy are policies that guide the 

Agency in the exercise of its 

enforcement discretion. They are not 

rules or regulations, and they are not 

intended, nor can they be relied upon, 

to create any rights enforceable by any 

party in litigation with the United 

States. The policies and how they are 

implemented may be revised without 

public notice to reflect changes in EPA’s 

approach to providing incentives for 

self-policing by regulated entities, or to 

clarify and update the policies as 

necessary. 

IV. Effective Date 

These modifications to the 

implementation of EPA’s Audit Policy 

and Small Business Compliance Policy 

are effective on December 9, 2015. 

Dated: November 30, 2015. 

Cynthia Giles, 

Assistant Administrator for Enforcement and 

Compliance Assurance. 

[FR Doc. 2015–30928 Filed 12–8–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2015–0301; FRL–9939–34] 

Pesticide Emergency Exemptions; 

Agency Decisions and State and 

Federal Agency Crisis Declarations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

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 

exemptions or denials were granted 

during the period July 1, 2015 to 

September 30, 2015 to control 

unforeseen pest outbreaks. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, 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: 

RDFRNotices@epa.gov. 

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 or denial. 

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–2015–0301 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 

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. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

II. Background 

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. 

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 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 

Department of Environmental Protection 

Crisis exemption: On August 27, 2015 

the California Department of 

Environmental Protection declared a 

crisis for the use of methoxyfenozide on 

rice to control armyworms. 

Delaware 

Department of Agriculture 

Specific Exemption: EPA authorized 

the use of dinotefuran on pome fruit and 

stone fruit to control the brown 

marmorated stinkbug; July 16, 2015 to 

October 15, 2015. 

Florida 

Department of Agriculture and 

Consumer Services 

Specific Exemption: EPA authorized 

the use of streptomycin sulfate on 

mstockstill on DSK4VPTVN1PROD with NOTICES

76482 Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices 

grapefruit to control citrus canker; July 

1, 2015 to July 1, 2016. 

Kentucky 

Department of Agriculture 

Specific Exemption: EPA authorized 

the use of sulfoxaflor on sorghum to 

control sugarcane aphid; August 10, 

2015 to November 30, 2015. 

Maryland 

Department of Agriculture 

Specific Exemption: EPA authorized 

the use of dinotefuran on pome fruit and 

stone fruit to control the brown 

marmorated stinkbug; July 16, 2015 to 

October 15, 2015. 

Department of Health and Mental 

Hygiene 

Crisis exemptions: On July 7, 2015 the 

Maryland Department of Health and 

Mental Hygiene declared crisis 

exemptions for the use of ethylene 

oxide, formaldehyde, hydrogen 

peroxide, paracetic acid, and sodium 

hypochlorite to inactivate Bacillus 

anthracis (anthrax) spores in 

laboratories that processed samples 

originating from Dugway Proving 

Ground potentially containing viable 

anthrax spores. 

Michigan 

Department of Agriculture and Rural 

Development 

Specific Exemption: EPA authorized 

the use of dinotefuran on pome fruit and 

stone fruit to control the brown 

marmorated stinkbug; July 16, 2015 to 

November 30, 2015. 

Mississippi 

Department of Agriculture and 

Commerce 

Denial: On July 27, 2015 EPA denied 

the use of a pesticide product 

containing the active ingredient 

thiamethoxam on sorghum to control 

sugarcane aphid. This request was 

denied because the Agency determined 

the situation did not meet criteria to be 

considered an urgent and non-routine 

situation, and a specific exemption 

under section 18 was not justified. 

New Jersey 

Department of Environmental Protection 

Specific Exemptions: EPA authorized 

the use of dinotefuran on pome fruit and 

stone fruit to control the brown 

marmorated stinkbug; September 15, 

2015 to October 15, 2015. 

EPA authorized the use of bifenthrin 

on apple, peach and nectarine to control 

the brown marmorated stinkbug; 

September 21, 2015 to October 15, 2015. 

New Mexico 

Department of Agriculture 

Specific Exemption: EPA authorized 

the use of sulfoxaflor on sorghum to 

control sugarcane aphid; August 28, 

2015 to November 30, 2015. 

New York 

Department of Environmental 

Conservation 

Specific Exemption: EPA authorized 

the use of bifenthrin on apple, peach 

and nectarine to control the brown 

marmorated stinkbug; July 30, 2015 to 

October 15, 2015. 

North Carolina 

Department of Agriculture and 

Consumer Services 

Specific Exemptions: EPA authorized 

the use of dinotefuran on pome fruit and 

stone fruit to control the brown 

marmorated stinkbug; July 16, 2015 to 

October 15, 2015. 

EPA authorized the use of sulfoxaflor 

on sorghum to control sugarcane aphid; 

July 16, 2015 to November 30, 2015. 

Pennsylvania 

Department of Agriculture 

Specific Exemption: EPA authorized 

the use of dinotefuran on pome fruit and 

stone fruit to control the brown 

marmorated stinkbug; July 16, 2015 to 

October 15, 2015. 

South Dakota 

Department of Agriculture 

Specific Exemption: EPA authorized 

the use of hop beta acids on beehives to 

control the varroa mite; August 19, 2015 

to December 31, 2015. 

Tennessee 

Health Department 

Crisis exemption: On July 29, 2015 the 

Tennessee Health Department declared 

a crisis for the use of hydrogen peroxide 

to inactivate Bacillus anthracis (anthrax) 

spores in laboratories that processed 

samples originating from Dugway 

Proving Ground potentially containing 

viable anthrax spores. 

Virginia 

Department of Agriculture and 

Consumer Services 

Specific Exemption: EPA authorized 

the use of dinotefuran on pome fruit and 

stone fruit to control the brown 

marmorated stinkbug; July 16, 2015 to 

October 15, 2015. 

West Virginia 

Department of Agriculture 

Specific Exemption: EPA authorized 

the use of dinotefuran on pome fruit and 

stone fruit to control the brown 

marmorated stinkbug; July 16, 2015 to 

October 15, 2015. 

B. Federal Departments and Agencies 

Department of Agriculture 

Animal and Plant Health Inspection 

Service 

Quarantine Exemptions: EPA 

authorized the use of sodium chlorite to 

produce chlorine dioxide gas for 

decontamination of poultry facilities 

from avian influenza virus; August 4, 

2015 to August 4, 2018. 

EPA authorized the use of sodium 

hypochlorite on surfaces to 

decontaminate from foot and mouth 

disease, African swine flu and classical 

swine flu; September 17, 2015 to 

September 17, 2018. 

EPA authorized the uses of sodium 

hypochlorite and sodium hydroxide to 

decontaminate surfaces potentially 

exposed to prions, the causal agents of 

transmissible spongiform encephalitic 

diseases in livestock; September 25, 

2015 to September 25, 2018. 

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

Dated: December 2, 2015. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2015–31055 Filed 12–8–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–RCRA–2015–0732, FRL–9939–97– 

OSWER] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Identification of 

Non-Hazardous Secondary Materials 

That Are Solid Waste (Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) is planning to submit an 

information collection request (ICR), 

Identification of Non-Hazardous 

Secondary Materials That Are Solid 

Waste (Renewal) (EPA ICR No. 2382.04, 

OMB Control No. 2050–0205) to the 

Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.). 

Before doing so, EPA is soliciting public 

mstockstill on DSK4VPTVN1PROD with NOTICES