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

For Release: December 5, 2008

On November 28, 2008, the EPA Administrator authorized 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 federal pesticide law, growers in Indian country do not explicitly have access to the benefits of pesticide emergency exemptions or special local needs registrations. These products are especially useful when growers in a particular region identify a pest problem that available products do not currently alleviate, such as the arrival of a new pest species from abroad. Without the added protection of emergency exempted or special local needs pesticide products, pest infestations could go unchecked in Indian country, with the potential to devastate crops in Indian country and beyond. In the worst-case scenario, untreated fields in Indian country could act as a safe haven for pest species, allowing them to easily re-infest nearby crop-growing areas.

With this pilot program in place, a use that would otherwise be considered illegal in Indian country would be lawful, if all conditions of the finding are met. The pilot will expire in three years. EPA will continually assess whether or not this approach should be continued, modified, or expanded.

Tribes may decide not to participate in this pilot program at any time. If a tribe does not want to participate, the tribe must notify EPA; otherwise, it will automatically be included.

For more information on the tribal pilot, including special conditions that apply and a table of tribes that are not participating in the pilot, please see https://www.epa.gov/oppfead1/tribes/pilot-project.htm.

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