[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Notices]
[Pages 15141-15142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7061]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180962; FRL 4942-3]


Mancozeb; Receipt of Application for Emergency Exemption, 
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 
Wisconsin Department of Agriculture, Trade and Consumer Protection 
(hereafter referred to as the ``Applicant'') for use of the pesticide 
mancozeb (CAS 8018-01-7) to control leaf, stem blight on ginseng. 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 6, 1995.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180962,'' 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, DC 20460. In person, bring comments to: Rm. 1128, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, 
VA. [[Page 15142]] 
    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, DC 20460. 
Office location and telephone number: 6th Floor, Crystal Station I, 
2800 Jefferson Davis Highway, Arlington, VA 22202, (703) 308-8347; e-
mail: [email protected].

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 mancozeb, available as Dithane DF (EPA 
Reg. No. 707-180) from Rohm and Haas Co., to control leaf, stem blight, 
caused by the fungus Alternaria panax and Phytophthora cactorum, on a 
maximum of 4,167 acres in Wisconsin. Information in accordance with 40 
CFR part 166 was submitted as part of this request.
    According to the Applicant, Alternaria blight rarely kills the 
ginseng root, which is the marketed portion; however, loss of the 
foliage results in significant root yield loss in a harvested crop, and 
retards root growth and overwintering ability in younger crops. 
Infestations of Alternaria blight in one season greatly increase the 
potential for epidemics in subsequent seasons, since the fungus remains 
in the infected plant debris. Alternaria panax has become resistant to 
Rovral 50W, the only fungicide carrying a section 3 label for use 
against Alternaria blight on ginseng. Rovral by itself is no longer be 
effective to control Alternaris. Other fungicides are also 
substantially less effective than Dithane. If not controlled, the 
disease can be expected to infest all of Wisconsin's 5,000 acres of 
ginseng.
    Under the proposed exemption 2.0 lbs of product [1.5 lbs of active 
ingredient (a.i.)] per acre will be used on 4,167 acres. A maximum of 
12 applications at a minimum of 7-day intervals will be made by ground 
equipment using a minimum of 80 gallons of water per acre. A 28-day 
pre-harvest interval will be observed. Applications will be made by 
certified private or commercial applicators or persons under their 
direct supervision. In addition, applicators, mixer/loaders, and 
persons entering treated ginseng gardens to work must wear chemical-
resistant gloves, long-legged pants and long-sleeved shirts.
    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 
mancozeb. 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 mancozeb. 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.
    The regulations governing section 18 also require the Agency to 
publish a notice of receipt in the Federal Register and solicit public 
comment on an application for a specific exemption if an emergency 
exemption has been requested or granted for that use in any 3 previous 
years, and a complete application for registration of that use has not 
been submitted to the Agency [40 CFR 166.24 (a) (6)]. Exemptions for 
the use of mancozeb on ginseng have been requested for the past 8 years 
(1987 thru 1994). Mancozeb was granted for use on ginseng in 1991, 
1993, 1994. Wisconsin issued a crisis in 1992. An application for 
registration of this use has not been submitted to the Agency.
    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 Wisconsin Department of Agriculture, Trade and 
Consumer Protection.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: March 14, 1995.

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

[FR Doc. 95-7061 Filed 3-21-95; 8:45 am]
BILLING CODE 6560-50-F