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Section 18 and 24c Pilot Projects in Indian Country Western Regions Pesticide Meeting May 18, 2006, Whitefish, MT Scott Downey, EPA Region 10 Pesticides and Toxics Unit Manager
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FIFRA §18 and §24c Sec 18 authorizes EPA to allow States and Federal agencies to use a pesticide for an unregistered use for a limited time if EPA determines that emergency conditions exist Sec 24(c): States may register an additional use of a federally registered pesticide product, or a new end use product to meet special local needs
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Valid in Indian Country? FIFRA is silent on whether these provisions apply within Indian Country (IC) EPA has determined that the emergency exemptions and SLN registrations are not valid in Indian Country Exception: onerous MOU process with USDA APHIS
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Yikes! What does this Mean? Longstanding practice for growers to use these provisions in Indian Country has been assumed to be OK Actually in violation of FIFRA
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Requests for Legal Use Growers from Yakama Reservation ask OPP for legal access & benefits of 18/24c Tribal Pesticide Program Council Soybean Rust threatens crops in other IC
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Lawyers to the Rescue! FIFRA § 2(ee)(6) authorizes the EPA Administrator to allow use of a pesticide that might otherwise be considered inconsistent with the pesticide’s labeling if it’s determined that use of the pesticide is “consistent with the purposes of FIFRA”
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Pilot Projects under Sec 2(ee) Will allow use of §18 and/or §24(c)’s in IC encompassed by or contiguous to a county covered by a §18 or §24(c) registration, but only for: Yakama Nation Reservation (eastern WA) Existing Sec 18/24c’s approved to combat Soybean Rust
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Why so Limited? OPP wants to evaluate implementation of the 2(ee) findings on a limited scale first –Unanticipated problems –Coordination between States/Tribes/EPA –Role of OPP, Regional Offices –Reporting –Legal challenges –Tribal acceptance
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Conditions EPA assumes Tribal consent, but if concerned about a specific 18/24c, may: “Opt Out” (not allow in IC) after consultation with OPP and Regional Office Tribe must notify growers Users in IC must obtain copy of label Effective until December 31, 2007
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Stakeholder Involvement Consultation offered and proposal was discussed with several tribes Tribal Pesticide Program Council American Indian Environmental Office OECA, OGC, and Regional Offices SFIREG Grower groups
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What questions do you have? Contact Information: Scott Downey, Manager Pesticides and Toxics Unit (206) 553-0682 downey.scott@epa.gov
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