(v) Inspect all vehicles prior to de- summon the appropriate Agency parture, and treat those found to be emergency response team, (iii) the contaminated. U.S. Coast Guard, and (iv) the Pesti(2) Safety measures. (i) Do not store cide Safety Team Network of the Nafood, beverages, tobacco, eating uten- tional Agricultural Chemicals Associsils, or smoking equipment in the stor- ation. age or loading areas. (2) Suggestions for Fire Hazard (ii) Do not drink, eat food, smoke, or Abatement. (i) Where applicable, use tobacco in areas where pesticides plainly label the outside of each storare present. age area with “DANGER,” (iii) Wear rubber gloves while han- "POISON," "PESTICIDE STORAGE" dling containers of pesticides. signs. Consult with the local fire de(iv) Do not put fingers in mouth or partment, regarding the use of the rub eyes while working. current hazard signal system of the (v) Wash hands before eating, smok- National Fire Protection Association. ing, or using toilet and immediately (ii) Post a list on the outside of the after loading, or transferring pesti- storage area of the types of chemicals cides. stored therein. The list should be up(vi) Persons working regularly with dated to reflect changes in types organophosphate and N-alkyl carba stored. mate pesticides should have periodic (3) Suggested Fire Fighting Precauphysical examinations, including cho tions. (i) Wear air-supplied breathing linesterase tests. apparatus and rubber clothing. (f) Protective clothing and respira (ii) Avoid breathing or otherwise tors. (1) When handling pesticides contacting toxic smoke and fumes. which are in concentrated form, pro (iii) Wash completely as soon as postective clothing should be worn. Contaminated garments hou be sible after encountering smoke and removed immediately, and extra sets of fumes. clean clothing should be maintained (iv) Contain the water used in fire nearby. fighting within the storage site drain(2) Particular care should be taken age system. when handling certain pesticides to (v) Fireman should take cholinesterprotect against absorption through ase tests after fighting a fire involving skin, and inhalation of fumes. Respira- organophosphate or N-alkyl carbators or gas masks with proper canis- mate pesticides, if they have been ters approved for the particular type heavily exposed to the smoke. Baseof exposure noted in the label direc- line cholinesterase tests should be part tions, should be used when such pesti- of the regular physical examination cides are handled. for such firemen. (g) Fire control. (1) Where large (vi) Evacuate persons near such fires quantities of pesticides are stored, or who may come in contact with smoke where conditions may otherwise war- or fumes or contaminated surfaces. rant, the owner of stored pesticides (h) Monitoring. An environmental should inform the local fire depart monitoring system should be consid. ment, hospitals, public health offi ered in the vicinity of storage facilicials, and police department in writing ties. Samples from the surrounding of the hazards that such pesticides ground and surface water, wildlife, may present in the event of a fire. A and plant environment, as approprifloor plan of the storage area indicating where different pesticide classifica ate, should be tested in a regular protions are regularly stored should be gram to assure minimal environmental provided to the fire department. The insult. Analyses should be performed fire chief should be furnished with the according to "Official Methods of the home telephone numbers of (i) the Association of Official Analytical person(s) responsible for the pesticide Chemists (AOAC)," and such other storage facility, (ii) the appropriate methods and procedures as may be Regional Administrator, who suitable. can Subpart D—Pesticide-Related Wastes § 165.11 Procedures for disposal and stor. age of pesticide-related wastes. (a) In general all pesticide-related wastes should be disposed of as excess pesticides in accordance with the procedures set forth in 88 165.7 and 165.8. Such wastes should not be disposed of by addition to an industrial effluent stream if not ordinarily a part of or contained within such industrial effluent stream, except as regulated by and in compliance with effluent standards established pursuant to sections 304 and 307 of the Federal Water Pollution Control Act as amended. (b) Pesticide-related wastes which are to be stored should be managed in accordance with the provisions of 8 165.10. ments of the Act a Federal or State agency if he determines that emergency conditions exist which may require such an exemption. An emergency will be deemed to exist when: (a) A pest outbreak has or is about to occur and no pesticide registered for the particular use, or alternative method of control, is available to eradicate or control the pest, (b) significant economic or health problems will occur without the use of the pesticide, and (c) the time available from discovery or prediction of the pest outbreak is insufficient for a pesticide to be registered for the particular use. In determining whether an emergency condition exists, the Administrator will also give consideration to such additional facts requiring the use of section 18 as are presented by the applicant. Set forth herein are the procedures that Federal or State agencies must follow in requesting such an exemption. PART 166-EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS Sec. 166.1 General. 166.2 Types of exemptions. 166.3 Application for specific exemption. 166.4 Application for quarantine-public health exemption. 166.5 Procedure to be followed upon ap proval of a specific exemption. 166.6 Procedure to be followed after appli cation of a pesticide pursuant to a quar antine-public health exemption. 166.7 Withdrawal of a specific or quaran tine-public health exemption. 166.8 Crisis exemptions-procedures to be followed. 166.9 Withdrawal of the crisis exemption. 166.10 Publication. 166.11 Exemption from penalty provisions. AUTHORITY: Sec. 25 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by the Federal Environmental Pesticide Control Act of 1972 (86 Stat. 997). SOURCE: 38 FR 33305, Dec. 3, 1973, unless otherwise noted. 8 166.2 Types of exemptions. Consideration will be given to three types of exemptions. (a) Specific exemption. Specific exemptions may be issued by the Administrator in a situation involving the outbreak of a pest in the United States. Such exemptions, if granted, are valid only for the specific situation involved and are subject to such restrictions as the Administrator may prescribe in granting the exemption. Such restrictions may include, among others, limitation on the quantity of the pesticide to be used, the conditions under which the pesticide may be applied, restrictions as to the persons who may apply the pesticide and the type of monitoring activities which should be conducted. Specific exemptions, if granted, are valid only for the time therein specified but under no circumstances shall be longer than one (1) year. (b) Quarantine-public health exemption. Quarantine or public health exemptions may be issued by the Administrator to cover Federal or State programs concerned with preventing the introduction or spread of a foreign pest into or throughout the United States. A foreign pest is a pest not known to occur within the United $ 166.1 General. Pursuant to section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by the Federal Environmental Pesticide Control Act of 1972 (86 Stat. 995), the Administrator may exempt from the require 30-101-79--23 States, or a pest not previously known to be established within the United States but which has become newly established, or threatens to become established, within the United States. Such exemptions, if granted, are valid only for the time therein specified but under no circumstances shall be longer than one (1) year. The Administrator may, in his discretion, renew such exemption annually upon reapplication. Where pesticide is used under this exemption and recurrence of the pest can be reasonably expected, the Federal or State agency shall take prompt action to comply with the registration requirements of the Act for the particular use. If such request for registration is refused, such pesticide shall not be further used for the particular use under the exemption. No pesticide may be used under a quarantinepublic health exemption if the registration of such pesticide has been suspended by the Administrator. (c) Crisis exemption. Crisis exemptions are hereby granted to any Federal or State agency in situations involving the unpredictable outbreak of pests in the United States, where the responsible official in authority determines (1) that there is no readily available pesticide registered for the particular use to eradicate or control the pest and (2) that the time element with respect to the application of the pesticide is so critical that there was no time to request a specific exemption and where the other requirements of $ 166.8 are met. Crisis exemptions are not available where the Administrator has specifically withdrawn the right to a crisis exemption: For the use of a pesticide or by an agency. No pesticide which has been suspended or finally cancelled may be used under a crisis exemption for any use prohibited under the suspension or final cancellation order for the product. (1) The nature, scope and frequency of the emergency. (2) A description of the pest known to occur, the places or times it may be likely to occur, and the estimated time when treatment must be commenced to be effective. (3) Whether a pesticide registered for the particular use, or other method of eradicating or controlling the pest, is available to meet the emergency, and the basis for such determi. nation. (4) A listing of the pesticide or pesticides the agency proposes to use in the event of an outbreak. (5) Description of the nature of the program for eradication or control. Such description should include: (i) Quantity of the pesticide expected to be applied; (ii) Area or place of application; (v) Qualifications of personnel involved in such application. (6) Statement of economic benefits and losses anticipated with and without the exemption and under reasonable alternatives. (7) Analysis of possible adverse effects on man and the environment. If an Environmental Impact Statement has been prepared by an agency, in accordance with that agency's regulations implementing the National Envi. ronmental Policy Act of 1969, and is relevant to the above, it shall be submitted with the application. § 166.4 Application for quarantine-public health exemption. (a) Quarantine-public health exemptions must be requested in writing, by the head of the Federal agency or the Governor of the State involved, or their official designee, setting forth the following information: (1) The scope of the quarantine or public health programs concerned and the statutory authorities therefor. (2) Whether a pesticide registered for the particular use, or other method of eradicating or controlling the pest, is available to implement the quarantine or public health program, and the basis for such determination. 8 166.3 Application for specific exemption. (a) Each specific exemption must be requested in writing, by the head of the Federal agency or the Governor of the State involved, or other official designee, addressed to the Administrator, setting forth the following information: (3) A listing of the pesticide or pesticides the agency proposes to use for such quarantine or public health program. (4) A description of the nature of the quarantine or public health program for such eradication or control. Such description should include: (i) Method of application; (ii) Area or place of application (if possible); (iii) Duration of application; (iv) Qualifications of personnel involved in such application. (5) Statement with respect to possible adverse effects on man and the environment. If Environmental Impact Statement has been prepared by an agency, in accordance with that agency's regulations implementing the National Environmental Policy Act of 1969, and is relevant to the above, it shall be submitted with the application. § 166.6 Procedure to be followed after ap plication of a pesticide pursuant to a quarantine-public health exemption. The Federal or State agency using or applying pesticides pursuant to a quarantine-public health exemption shall thereafter: (a) Maintain records of all such treatments which shall be available to the Administrator. Such records shall include: (1) Location where treatment was applied; (2) Pesticide used; (b) One month after the expiration date of a quarantine-public health exemption, any agency which has availed itself of such exemption, shall file with the Administrator and the Hearing Clerk of the Agency a report listing the number of treatments, the pesticides used for each type of treatment, and the steps taken to comply with the registration requirements of the Act. Copies of such reports filed with the Hearing Clerk shall be open to the public. an 8 166.7 Withdrawal of a specific or quar antine-public health exemption. If the Administrator determines that an exempted agency is not complying with any of the requirements set forth in this part or if such action is necessary to protect man or the environment, the exemption shall be immediately withdrawn. 8 166.5 Procedure to be followed upon ap proval of a specific exemption. The Federal or State agency using or applying a pesticide pursuant to a specific exemption shall thereafter: (a) Immediately inform the Administrator in writing of the time and place of application of such pesticide. (b) Record the location, quantity, and extent of use of the pesticide involved and furnish such information to the Administrator within ten (10) days of the termination of said application or use. (c) Initiate such monitoring activities as may have been specified by the Administrator in granting the exemption, to determine if such application or use caused any adverse effects on man or the environment, with results thereof being reported to the Agency as requested by the Administrator in granting the exemption. (d) Within one year of the granting of the exemption, provide the Administrator with a summary report on what action was taken to meet the emergency and on the outcome of such action. § 166.8 Crisis exemptions—procedures to be followed. (a) Whenever a Federal or State agency has determined that it will avail itself of a crisis exemption (except as prohibited by a withdrawal of the priviledge by the Administrator as provided by § 166.9) the head of the Federal agency or the Governor of the State or their designees shall, within thirty-six (36) hours of the determination, notify the Administrator by telegram of such determination. Within ten (10) days of the application or use of the pesticide, the head of the Federal agency or the Governor of the State or their designees shall file in 8 166.10 Publication. At any time any exemption is granted by the Administrator, or when the Administrator is notified that a Federal or State agency has availed itself of a crisis exemption and filed the information required by $ 166.8 he shall give prompt notice in the FEDERAL REGISTER. The Administrator, in his discretion, may publish notice of an application for an exemption in the FEDERAL REGISTER prior to the granting or denying of the exemption, with opportunity for comment by interested persons. writing with the Administrator the following certified information: (1) The nature and scope of the emergency, including the pest involved; (2) That no pesticide registered for the particular use to eradicate or control the pest was readily available, and the basis for such determination; (3) That the time element was so critical that there was no time to request either a specific or quarantine or public health exemption; (4) The location, quantity, method of application, duration of application and the qualifications of the personnel involved in such application; (5) Description of steps being taken to reduce possible adverse effects on man and the environment; and (6) Any other information requested by the Administrator thereafter. (b) If treatment pursuant to the crisis exemption is expected to continue for more than a total of fifteen (15) days, such report shall be accompanied by an application for a specific exemption. (c) A Federal or State agency which has initiated treatment pursuant to the crisis exemption and has complied with the provisions of 88 166.2(c) and 166.8, may, if a responsible official of the agency determines that there is a need for a continuation of such treatment beyond fifteen (15) days, continue such treatment until such time as the application for a specific exemption is denied or the Administrator otherwise notifies such agency that the treatment should be discontinued. $ 166.11 Exemption from penalty provi. sions. In the case of an application for an exemption for the use of a pesticide which has been suspended or finally cancelled, the applicant shall state its source of the pesticide and the Administrator will, if the exemption is granted, exempt the supplier of the pesticide from the penalty provisions of the Act. In granting such exemption, the Administrator will also specify the labeling which will be required for such pesticide. PART 167-REGISTRATION OF PESTI CIDE-PRODUCING ESTABLISHMENTS, SUBMISSION OF OF PESTICIDES REPORTS, AND LABELING Sec. AUTHORITY: Secs. 7, 25, Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 86 Stat. 987, 997. SOURCE: 38 FR 30558, Nov. 6, 1973, unless otherwise noted. § 166.9 Withdrawal of the crisis exemp tion. At any time that the Administrator determines that an exempted agency is not complying with any of the requirements set forth in this part or if such action is necessary to protect man or the environment, he may (a) withdraw the crisis exemption for the use of any specific pesticide or (b) withdraw from the exempted agency the right to resort to a crisis exemption for any pesticide in the future, in whole or in part. $ 167.1 Definitions. Terms used in this part shall have the meanings set forth for such terms in the Act. In addition, as used in this part, the following terms shall have the meanings stated below: (a) Act. As used in this part, the term “Act” means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (86 Stat. 973-999). |