EP 1130-2-540
15 Nov 96
APPENDIX H
PROCEDURES FOR OBTAINING EXEMPTIONS
FOR USE OF PESTICIDES
H-1. If an unexpected outbreak of a pest requires control measures which are not according to
the registered use, such control effort is viewed as an emergency measure (PL 92-516 Sec 18).
An emergency will be deemed to exist when:
a. A pest outbreak has occurred 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.
H-2. Emergency conditions should be documented by a request for a specific exemption (FIFRA
Sec 18, Exemption of Federal Agencies), prepared by the district and forwarded through channels
to CDR USACE (CECW-ON) WASH DC 20314-1000 for transmittal to EPA. The following
information should be included:
a. The nature, scope and frequency of the emergency.
b. 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.
c. 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 determination.
d. A listing of the pesticide or pesticides the agency proposes to use in the event of an
outbreak.
e. Description of the nature of the program for eradication or control. Such description
should include:
(1) Quantity of the pesticide expected to be applied.
(2) Specific area or place of application.
(3) Method of application.
(4) Duration of application.
(5) Qualifications of personnel involved in such application.
f. Statement of economic benefits and losses with and without the exemption, and under
other reasonable alternatives.
g. Analysis of possible adverse effects on the quality of the human environment. In all
cases the District Commander shall consider the probable environmental consequences in
H-1
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