[Federal Register Volume 59, Number 12 (Wednesday, January 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1240]
[[Page Unknown]]
[Federal Register: January 19, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180916; FRL 4753-9]
Receipt of Application for Emergency Exemption to use
Imidacloprid; Solicitation of Public Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has received a specific exemption request from the
Washington Department of Agriculture (hereafter referred to as the
``Applicant'') to use the pesticide Imidacloprid (CAS 105827-78-9) to
treat up to 160,980 acres of apples to control aphids. The Applicant
proposes the use of a new chemical; therefore, in accordance with 40
CFR 166.24, EPA is soliciting public comment before making the decision
whether or not to grant the exemption.
DATES: Comments must be received on or before February 3, 1994.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-180916,'' should be submitted by mail to: Public
Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
401 M St., SW., Washington, D.C. 20460. In person, bring comments to:
Rm. 1132, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
Information submitted in any comment concerning this notice may be
claimed confidential by marking any part or all of that information as
``Confidential Business Information.'' Information so marked will not
be disclosed except in accordance with procedures set forth in 40 CFR
part 2. A copy of the comment that does not contain Confidential
Business Information must be provided by the submitter for inclusion in
the public record. Information not marked confidential may be disclosed
publicly by EPA without prior notice. All written comments filed
pursuant to this notice will be available for public inspection in Rm.
1132, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA,
from 8 a.m. to 4 p.m., Monday through Friday, except legal holidays.
FOR FURTHER INFORMATION CONTACT: By mail: Andrea Beard, Registration
Division (7505W), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, D.C. 20460. Office
location and telephone number: Floor 6, Crystal Station #1, 2800
Jefferson Davis Highway, Arlington, VA, (703-308-8791).
SUPPLEMENTARY INFORMATION: Pursuant to section 18 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p),
the Administrator may, at her discretion, exempt a State agency from
any registration provision of FIFRA if she determines that emergency
conditions exist which require such exemption. The Applicant has
requested the Administrator to issue a specific exemption for the use
of imidacloprid on apples to control aphids. Information in accordance
with 40 CFR part 166 was submitted as part of this request.
The Applicant states that aphids have been a chronic pest of apples
in Washington. Aphids feed on the plant tissues of young trees, which
can stunt growth and possibly affect future productivity of the tree.
On large, vigorous trees, the primary concern is fruit damage. Aphids
excrete such large amounts of honeydew that it drips on the fruit,
causing russetting or providing a substrate for the growth of sooty
mold. The value of such damaged fruit is considerably reduced, as it is
diverted to a processing market. The Applicant states that some of the
registered alternative pesticides, while once effective, have lost much
of their effectiveness due to build-up of resistant aphid populations.
Others are said to only provide suppression, and not adequately control
aphids. One of the registered alternatives phosphamidon that is still
somewhat effective for this pest problem was withdrawn from the market
in 1991, due to non-support for re-registration, and existing stocks
have been mostly depleted. Another chemical mevinphos was previously
used for this pest, but cases of occupational poisoning of farm workers
using this material led to a ban for use on Washington tree fruits, in
1993, because of human risk concerns. Therefore, the Applicant claims
that Washington apple growers are left without adequate means to
control aphids. The Applicant states that information collected last
year for one sampling of apples indicated a 33 percent loss in crop
value due to aphid damage.
The Applicant proposes to apply imidacloprid at a maximum rate of
0.1 lb. active ingredient (a.i.), or 6.4 fluid oz. of product, per acre
with a maximum of 5 applications on up to 160,980 acres of apples, with
no more than 0.5 lb. a.i. (32 fluid oz. of product) applied per year.
This amounts to a possible total of 80,490 lbs. of a.i., or 40,245 gal.
of product. This is the first time that the Applicant has applied for
the use of imidacloprid on apples. This notice does not constitute a
decision by EPA on the application itself. The regulations governing
section 18 require publication of a notice of receipt of an application
for a specific exemption proposing use of a new chemical (i.e., an
active ingredient not contained in any currently registered pesticide).
Such notice provides for opportunity for public comment on the
application. Accordingly, interested persons may submit written views
on this subject to the Field Operations Division at the address above.
The Agency, accordingly, will review and consider all comments
received during the comment period in determining whether to issue the
emergency exemption requested by the Washington Department of
Agriculture.
List of Subjects
Environmental protection, Pesticide and pests, Crisis exemptions.
Dated: January 6, 1994.
Stephen L. Johnson,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 94-1240 Filed 1-18-94; 8:45 am]
BILLING CODE 6560-50-F