[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Notices]
[Pages 8934-8935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4966]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180995; FRL 5350-2]


Metolachlor; 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 requests from the 
Wisconsin Department of Agriculture, Trade and Consumer Protection and 
the Virginia Department of Agriculture and Consumer Services (hereafter 
referred to as the ``Applicants'') to use the pesticide metolachlor to 
treat up to 160 acres in Jefferson, Marquette and Waushara counties in 
Wisconsin and 1,000 acres in Virginia of spinach to control grasses and 
weeds. The Applicants propose the use of an emergency exemption which 
has been requested for the previous 3 years. A complete application for 
registration of this use and a tolerance petition has not been 
submitted to the Agency. 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 March 21, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180995,'' 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-180995]. 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 #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].


[[Page 8935]]

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 
metolachlor on spinach to control grasses and weeds. Information in 
accordance with 40 CFR part 166 was submitted as part of this request.
    According to the Applicants, the discontinued production of 
diethatyl ethyl (Antor) by Nor-Am Chemical Company has left spinach 
growers without an efficacious registered alternative. Spinach is grown 
entirely on drained muck soil in Wisconsin. These high organic matter 
soils render the registered alternative, Roneet 6E ineffective as a 
pre-emergent treatment to control grasses and weeds. Roneet does not 
control the pineapple weed nor galinsoga weeds of Virginia. These weeds 
contaminate the spinach and cannot be economically removed by hand on 
cleaning belts in packing houses. Without the use of metolachlor, 
spinach growers could suffer significant economic losses.
    Under the proposed exemptions, a maximum of one ground application 
at the rate of 2.00 pounds of active ingredient per acre will be used 
on 160 acres of spinach in Jefferson, Marquette, and Waushara counties 
in Wisconsin. A maximum of one pre-emergence application per crop 
(three harvest periods) at a rate of 0.75 to 1.0 pounds of active 
ingredient per acre by ground or air equipment will be made on 1,000 
acres in Virginia.
    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 an emergency exemption which has been 
requested in any 3 previous years, and a complete application for 
registration of the use and/or a tolerance petition has not been 
submitted to the Agency [40 CFR 166.24 (a)(6)]. This is the fourth year 
this use has been requested under section 18 of FIFRA and no tolerance 
petition has yet to be submitted. According to applicants, IR-4 is 
planning to prepare a petition package in late 1996. Such notice 
provides for opportunity for public comment on the application.
    A record has been established for this notice under docket number 
[OPP-180995] (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 and the Virginia Department 
of Agriculture and Consumer Services.

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. 96-4966 Filed 3-5-96 8:45 am]
BILLING CODE 6560-50-F