[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