[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Notices]
[Pages 8933-8934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4965]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180994; FRL 5350-1]


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'') to use the pesticide, 
mancozeb to treat up to 4,167 acres of ginseng to control stem and leaf 
blight. An emergency exemption for this use has been requested for the 
previous 3 years, and a complete application for registration of this 
use and tolerance petition has not been submitted to the Agency. In 
addition, this emergency exemption has been subject to a Special 
Review. 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 21, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180994,'' 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, DC 20460. In person, bring comments to: Rm. 
1132, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect in 5.1 file format or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number [OPP-180994]. No Confidential Business Information 
(CBI) should be submitted through e-mail. Electronic comments on this 
notice may be filed online at many Federal Depository Libraries. 
Additional information on electronic submissions can be found below in 
this document.
    Information submitted in any comment concerning this notice may be 
claimed confidential by marking any part or all of that information as 
(CBI). 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 CBI 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 4:30 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: Floor 6, Crystal Station #1, 2800 
Jefferson Davis Highway, Arlington, VA, (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 mancozeb on ginseng to control stem and leaf blight.
    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. Rovral 50W, the only 
fungicide carrying a section 3 label for use against Alternaria blight 
on ginseng, is no longer effective since Alternaria panax has developed 
resistance to it. If not controlled, Alternaria blight can be expected 
to infest all of Wisconsin's 5,000 acres of ginseng and growers will 
suffer significant economic loss.
    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.
    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 

[[Page 8934]]
subject of the Special Review. [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 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 9 years (1987 - 
1996). The registrant, Rohm and Haas, has indicated that they intend to 
pursue a registration in cooperation with IR-4 this year. However, an 
application for registration of this use has not been submitted to the 
Agency.
    A record has been established for this notice under docket number 
[OPP-180994] (including comments and data submitted electronically as 
described below). A public version of this record, including printed, 
paper versions of electronic comments, which does not include any 
information claimed as CBI is available for inspection from 8 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The public 
record is located in Room 1132 of the Public Response and Program 
Resource Branch, Field Operations Division (7506C), Office of Pesticide 
Programs, Environmental Protection Agency, Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA.
    Electronic comments can be sent directly to EPA at:
    [email protected]
    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this notice, as well as the public version, 
as described above will be kept in paper form. Accordingly, EPA will 
transfer all comments received electronically into printed, paper form 
as they are received and will place the paper copies in the official 
record which will also include all comments submitted directly in 
writing. The official record is the paper record maintained at the 
address in ``ADDRESSES'' at the beginning of this document. 
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 Wisconsin Department of 
Agriculture, Trade, and Consumer Protection.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: February 22, 1996.

Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 96-4965 Filed 3-5-96; 8:45 am]
BILLING CODE 6560-50-F