[Federal Register Volume 59, Number 48 (Friday, March 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5722]


[[Page Unknown]]

[Federal Register: March 11, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180922; FRL 4763-4]

 

Receipt of Application for Emergency Exemption to Use Maneb; 
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 
California Department of Pesticide Regulation (hereafter referred to as 
the ``Applicant'') for use of the pesticide maneb (CAS 1242738-2) to 
control walnut bacterial blight on walnuts. 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 March 28, 1994.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180922,'' should be submitted by mail to: Public 
Response and Human Resource 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. 
1128, 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. 
1128, 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: Margarita Collantes, 
Registration Division (7505W), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, D.C. 
20460. Office location and telephone number: 6th Floor, Crystal Station 
I, 2800 Jefferson Davis Highway, Arlington, VA 22202 (703-308-8347).

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 the maneb, available as Manex (EPA Reg. No. 
1812-251) from Griffin Corporation, to control walnut bacterial blight, 
caused by Xanthomonas campestris pv. juglandis, on a maximum of 29,000 
acres in California. Information in accordance with 40 CFR part 166 was 
submitted as part of this request.
    According to the Applicant, walnut blight was found a few years 
ago, but only in isolated locations in individual orchards. Walnut 
blight is attributed to the development of a tolerance to copper based 
bactericides, the only registered product for control of this disease. 
In 1992 walnut blight became a serious problem and continued to worsen 
in 1993. Since climate conditions previous to 1992 were not favorable 
for disease development the tolerant bacteria did not become 
widespread. However, in 1993 the climatic conditions changed producing 
favorable conditions for the bacteria to spread throughout infested 
orchards. Approximately 29,000 acres in Butte, Colusa, Glenn, Shasta, 
Sutter, Tehama, Yolo and Yuba counties are critically affected. Without 
the use of maneb, growers will face similar loss potential as those 
recorded prior to the use of registered copper sprays.
    Under the proposed exemption a 1.8125 lbs of product per acre will 
be used on 29,000 acres. Manex and Kocide 101 will be applied as a tank 
mix only. Applications may be made by air or ground. This tank mixture 
is a skin sensitizer and may cause sensitization following repeated 
contact in susceptible individuals.
    Applications will begin at early pre-bloom prior to or when catkins 
are partially expanded. Make additional applications during bloom and 
early nutlet stage or as needed if frequent rainfall occurs. Do not 
exceed 14 applications per season, and do not apply after June 15. A 
worker safety reentry interval of 24 hours and a preharvest interval of 
75 days must be observed. Livestock can not graze in treated orchards 
or be feed the crop or crop products.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing section 18 require that 
the Agency publish notice of receipt in the Federal Register and 
solicit public comment on an application for a specific exemption if an 
emergency exemption has been subject to a Special Review, and is 
intended for a use that could pose a risk similar to the risk posed by 
any use of the pesticide which is or has been subject of the Special 
Review. [40 CFR 166.24 (a)(5)].
    The Agency initiated a Special Review of the ethylene 
bisdithiocarbamate (EBDC) fungicides on July 17, 1987, which includes 
maneb. A notice of final determination was issued March 2, 1992. The 
Agency took this action based on an assessment of the risks from 
exposure to ethylenethiourea (ETU) present in, or formed as a result of 
metabolic conversion from, pesticide products containing the active 
ingredient maneb. ETU, a potential human carcinogen, teratogen, and 
thyroid toxicant, is present as a contaminant, degradation product, and 
metabolite of all the EBDC pesticides. The Agency concluded that the 
estimated cumulative risk of 10-5 from all current 55 food uses was 
unacceptable and, therefore, canceled the following 11 food uses: 
apricots, carrots, celery, collards, mustard greens, nectarines, 
peaches, rhubarb, spinach, succulent beans and turnips. These 
cancellations reduce estimated lifetime dietary risk to 1.6  x  
10-6 which the Agency has determined does not outweigh the 
benefits of the 44 retained uses.
    Accordingly, interested persons may submit written views on this 
subject to the Field Operations Division at the address above. The 
Agency will review and consider all comments received during the 
comment period in determining whether to issue the emergency exemption 
requested by the Washington State Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: March 1, 1994.

Stephen L. Johnson,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-5722 Filed 3-10-94; 8:45 am]
BILLING CODE 6560-50-F