FR 2021-02575

The document from the Environmental Protection Agency (EPA) grants emergency exemptions for the use of certain pesticides during a specific time frame. These exemptions, covering the period from July to September 2020, were issued under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to address sudden pest outbreaks. The document outlines the specific states and federal agencies involved, the pesticides they were permitted to use, the targeted pests, and the duration each exemption would be effective.

General Summary

The EPA's notice primarily aims to manage unexpected agricultural challenges due to pest infestations by temporarily allowing specific pesticides that are not typically authorized for use. Such exemptions come in several forms, including crisis exemptions, which allow immediate action without prior approval from the EPA when severe pest threats arise. The targeted pests range from the sugarcane aphid affecting sweet sorghum in Arkansas to the brown marmorated stinkbug impacting fruit production across multiple states. Notably, a public health exemption was also approved in Texas to control the COVID-19 virus on specific surfaces.

Significant Issues or Concerns

Several concerns are noteworthy in the document. One major issue is the lack of explanation for why certain pesticides, such as dinotefuran, have been repeatedly granted emergency exemptions over more than five years without transitioning to a formal registration or tolerance petition with the EPA. This raises questions about the long-term planning and potential dependency on temporary solutions rather than developing permanent pest management strategies.

Moreover, the document does not adequately clarify the criteria and circumstances that led to the approval of each exemption. This lack of transparency could lead to perceptions of bias or favoritism towards certain states or crops. Additionally, technical jargon and regulatory references within the document could hinder the broader public's understanding and engagement with the notice.

Impact on the Public

The emergency exemptions allow agricultural producers to address urgent pest problems that threaten crops and, by extension, food supply chains. However, the lack of detailed information on potential environmental and health impacts associated with these pesticide uses might be concerning to the public. The absence of forward-looking strategies to transition from crisis management to sustainable pest control solutions can prompt concerns about reliance on chemical interventions that might affect ecosystems and human health.

Impact on Specific Stakeholders

The most direct beneficiaries of these exemptions are agricultural producers and sectors experiencing pest problems threatening their yields and economic stability. For these stakeholders, the emergency exemptions are crucial in mitigating immediate losses. However, pesticide manufacturers also benefit as they see their products used under special circumstances even when those products are not regularly authorized.

Conversely, there is a negative aspect for environmental advocates and public health stakeholders who might view these exemptions as neglecting safer, long-term solutions. Without thorough consideration of resultant pesticide residues and their long-term impacts on environmental and human health, these stakeholders may perceive these actions as falling short in protecting broader societal interests.

In summary, while the EPA's document serves an urgent function in the context of agricultural crises, it raises questions on sustainability and transparency that merit consideration for future regulatory actions.