[Federal Register Volume 63, Number 80 (Monday, April 27, 1998)]
[Notices]
[Pages 20630-20631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11137]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181062; FRL 5787-1]


Glyphosate; 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 
Washington Department of Agriculture (hereafter referred to as the 
``Applicant'') to use the pesticide glyphosate [N-
(Phosphonomethyl)glycine] (CAS 1071-83-6), formulated as Roundup Ultra 
and Ultra RT (both are 41% active ingredient) to treat up to 19,685 
acres of dry peas, lentils, and chickpeas to control Canada Thistle. 
The growing areas in Washington to be treated are Adams, Benton, 
Columbia, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, 
Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, and Whitman 
counties. Most application will occur in Whitman county followed by 
Spokane county. This is the fourth year this use has been requested, 
and it has been allowed under section 18 for the past 3 years. Since 
this request proposes a use which has been requested or granted in any 
three previous years, and a complete application for registration and 
petition for tolerance has not yet been submitted to the Agency, EPA is 
soliciting public comment before making the decision whether or not to 
grant the exemption, in accordance with 40 CFR 166.24(a)(6).

DATES: Comments must be received on or before May 12, 1998.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181062,'' should be submitted by mail to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, D.C. 20460. In person, 
bring comments to: Rm. 119, 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]. Follow the 
instruction under ``SUPPLEMENTARY INFORMATION.'' No Confidential 
Business Information (CBI) should be submitted through e-mail.
    Information submitted or 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 submitted for inclusion in the public 
record. Information not marked confidential may be included in the 
public record by EPA without prior notice.
    The public docket is available for public inspection in Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, except legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Jackie Mosby-Gwaltney, 
Registration Division (7505C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location, telephone number and e-mail: Rm. 274, CM#2, 1921 
Jefferson Davis Highway, Arlington, VA, (703-305-6792); 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 glyphosate on dry peas, lentils, and chickpeas to control Canada 
thistle. Information in accordance with 40 CFR part 166 was submitted 
as part of this request.
    According to the Applicant, Canada thistle is a severe threat to 
Eastern Washington croplands due to a combination of weather and 
environmental conditions that encouraged its excessive spread and 
growth. There had been an increase in Canada thistles in the fall of 
1997 because of irregular growing conditions which resulted in poor 
timing of glyphosate applications. The long wet spring of 1997 delayed 
seeding and applications to kill Canada thistles until late in the 
season. This period was followed by a long period of dry heat (drought) 
which made chemical applications less effective, and a large crop of 
Canada thistles went to seed. The warm weather conditions in 1997 
encouraged early thistle growth. The weather and environmental 
conditions in 1997 threaten a severe outbreak of the weed in 1998. This 
occurrence would greatly and negatively impact dry pea, lentil, and 
chickpea yields and would have a residual effect on wheat yields in 
subsequent years.
    The use of glyphosate has been allowed under section 18 for the 
past 3 years, and the Applicant states that alternative controls are 
not adequate to prevent significant economic losses due to damage and 
contamination problems from Canada thistles. Under the proposed 
exemption, glyphosate would be applied at a rate of two - three quarts 
of formulated product per acre, which is 2-3 lbs., active ingredient 
(a.i.) per acre. The maximum number of applications allowed is one, and 
the total number of acres to be treated is 19,685. At the maximum rate 
and maximum acreage, 14,764 gallons of formulation could potentially be 
used.
    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 a use which has been requested or granted in any 
three previous years, and a complete application for registration and 
or tolerance petition has not been submitted to the Agency [40 CFR 
166.24 (a)(6)]. Such notice provides for opportunity for public comment 
on the application.
    The official record for this notice, as well as the public version, 
has been established for this notice under docket number [OPP-181062] 
(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 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The official record is 
the paper record maintained at the address in ``ADDRESSES'' at the 
beginning of this document.


    Electronic comments can be sent directly to EPA at: opp-
[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

[[Page 20631]]

WordPerfect in 5.1/6.1 or ASCII file format. All comments and data in 
electronic form must be identified by the docket number [OPP-181062]. 
Electronic comments on this notice may be filed online at many Federal 
Depository Libraries.
    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 Washington Department of 
Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: April 17, 1998

James Jones,

Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 98-11137 Filed 4-24-98; 8:45 am]
BILLING CODE 6560-50-F