Section 18 and 24cPilot Projects in Indian Country

Western Regions Pesticide MeetingMay 18, 2006, Whitefish, MT

Scott Downey, EPA Region 10

Pesticides and Toxics Unit Manager

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

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

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

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

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”

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

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

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

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

What questionsdo you have?

Contact Information:Scott Downey, ManagerPesticides and Toxics Unit(206) 553-0682downey.scott@epa.gov