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EPA Pilot Program Makes Emergency Exempted and Special Local Needs Pesticides Available In Indian Country Nationwide

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The EPA Administrator has issued a finding that will allow growers in Indian country to use certain pesticide products not currently available for use in Indian country to combat pests in emergency situations.  Under the federal pesticide law, known as the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), pesticides can be made available for legal use on state lands for emergencies under FIFRA section 18, or for special local needs under FIFRA section 24(c).  FIFRA is silent on whether the benefits of these provisions are available to tribes and farmers in Indian country; therefore, as of September 2008, tribes and farmers in Indian country do not explicitly have access to the full range of options available for addressing an emergency situation or special local need.  However, EPA recognizes that these same pesticides may be needed to control pests in Indian country just as they are in neighboring state lands.

After long and careful consideration by EPA in consultation with tribes and with input from various other stakeholders, the Agency developed this pilot program to give farmers and other pesticide users in Indian country legal access to the same registered pest-control tools available outside of Indian country.  It is similar to two pilot programs that ended in December 2007.

The current pilot is authorized under a finding signed by EPA’s Administrator on November 28, 2008, under FIFRA section 2(ee)(6), 7 U.S.C. § 136(ee)(6).  The finding declares that it is consistent with the purposes of FIFRA to allow the use of a registered pesticide product authorized under section 18 or section 24(c) within those portions of Indian country that are within the geographic boundaries of the state(s) or county(ies) to which the emergency exemption or special local need registration pertains.

This finding does not incur any additional rights or responsibilities on states.  Enforcement actions for violations from use of these products in Indian country under this finding will be done by the EPA regions, with the cooperation of tribes that have entered into relevant cooperative agreements with EPA.  If the additional use in Indian country adversely affects the risk concerns for the section 18 or section 24(c) products, the finding will not apply in those areas and they will be noted in EPA’s action on the section 18 emergency exemption or section 24(c) registration.  This finding does not allow the use of those pesticides that are also classified as restricted-use products, unless the applicator is certified to apply the pesticide in the jurisdiction where the pesticide is being applied.

This finding is limited to a three-year pilot program.  If a tribe wishes to express concerns during the course of this pilot program or to be withdrawn from the program, the tribe should contact their pesticide tribal coordinator in the appropriate EPA regional office. This request should come from a tribal chairperson or other elected official, or a tribal official authorized by the elected tribal leadership to represent the tribe. EPA will consider tribal requests not to participate in the pilot program only on a pilot program-wide basis, not on a product- or use-specific basis.

The pilot will expire in three years.  EPA will continually assess whether or not this approach should be continued, modified or expanded.

Of course, EPA will respect the wishes of tribes that decide not to participate in the pilot.  The following table lists those tribes that are not participating in this pilot program.

Tribe State(s)
Hopi Tribe Arizona
Pueblo of Picuris New Mexico
Pueblo of San Felipe New Mexico

 

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