[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8102]


[[Page Unknown]]

[Federal Register: April 6, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180929; FRL 4771-2]

 

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 specific exemption requests from the Oregon 
and Utah Departments of Agriculture (hereafter referred to as the 
``Applicants'') to use the pesticide Imidacloprid (CAS 105827-78-9) to 
treat up to 13,000 acres of apples to control aphids. The Applicants 
propose 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 April 21, 1994.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180929,'' should be submitted by mail to: Public 
Response and Program 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. 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 No. 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 Applicants have 
requested the Administrator to issue specific exemptions 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 Applicants state that aphids have been a chronic pest of apples 
in Oregon and Utah. Aphids feed on the plant tissues of young trees, 
which can stunt growth and affect future tree productivity. 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 Applicants state 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 because of human risk concerns the manufacturer 
removed all labeled uses of mevinphos on apples and pears from the 
label in 1993. Therefore, the Applicants claim that Oregon and Utah 
apple growers are left without adequate means to control aphids. The 
Applicants anticipate crop value losses of approximately 10 percent 
without the availability of imidacloprid this growing season.
    The Oregon and Utah Departments of Agriculture propose that 
imidacloprid be used 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. No more than 0.5 lb. a.i. (32 fluid oz. of product) 
applied per year. Oregon proposes treatment on up to 9,500 acres of 
apples. This would total approximately 4,750 lbs. of a.i, or 2,375 gal. 
of product. Utah proposes treatment on up to 3,363 acres of apples. 
This would total approximately 1,682 lbs. of a.i., or 841 gal. of 
product. This is the first time the Applicants have applied for the use 
of imidacloprid on apples. A section 18 for this use of imidacloprid 
was issued by the Agency to Washington State on March 7, 1994 for up to 
160,980 acres.
    This notice does not constitute a decision by EPA on the 
applications themselves. 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 Oregon and Utah Departments of 
Agriculture.

List of Subjects

    Environmental protection, Pesticide and pests, Crisis exemptions.

    Dated: March 25, 1994.

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

[FR Doc. 94-8102 Filed 4-5-94; 8:45 am]
BILLING CODE 6560-50-F