Emergency Exemptions
[Federal Register: March 15, 1995 (Volume 60, Number 50)]
[Notices]
[Page 13982-13984]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr95-78]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180960; FRL-4935-3]
Emergency Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has granted specific exemptions for the control of various
pests to the 10 States listed below. There were four crisis exemptions
initiated by various States. Quarantine exemptions have been granted to
the United States Department of Agriculture/Animal and Plant Health
Inspection Service. These exemptions, issued during the months of
October, November, and December 1994, are subject to application and
timing restrictions and reporting requirements designed to protect the
environment to the maximum extent possible. EPA has denied four
specific and one Public Health exemption requests. Information on these
restrictions is available from the contact persons in EPA listed below.
DATES: See each specific, crisis, and quarantine exemption for its
effective date.
FOR FURTHER INFORMATION CONTACT: See each emergency exemption for the
name of the contact person. The following information applies to all
contact persons: By mail: Registration Division (7505W), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. Office location and telephone number: 6th Floor,
CS #1, 2800 Jefferson Davis Highway, Arlington, VA, (703) 308-8417; e-
mail: group.ermus@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: EPA has granted specific exemptions to the:
1. Arkansas State Plant Board for the use of cypermethrin on
mustard greens to control various insects; October 20, 1994, to October
19, 1995. (Libby Pemberton)
2. California Environmental Protection Agency for the use of methyl
bromide on watermelon to control nematodes, weeds, and soil diseases;
November 18, 1994, to April 30, 1995. (Libby Pemberton)
3. California Environmental Protection Agency for the use of naled
on swiss chard to control aphids; November 23, 1994, to November 22,
1995. (Margarita Collantes) [[Page 13983]]
4. California Environmental Protection Agency for the use of
metalaxyl on mustard greens to control white rust; October 10, 1994, to
August 21, 1995. California had initiated a crisis exemption for this
use. (Susan Stanton)
5. California Environmental Protection Agency for the use of
prometryn on parsley to control weeds; December 21, 1994, to December
21, 1995. (Andrea Beard)
6. California Environmental Protection Agency for the use of
clethodim on dry bulb onions to control annual bluegrass; December 14,
1994, to December 13, 1995. (Margarita Collantes)
7. Florida Department of Agriculture and Consumer Services for the
use of avermectin on strawberries to control spider mites; October 10,
1994, to June 30, 1995. (Larry Fried)
8. Florida Department of Agriculture and Consumer Services for the
use of avermectin on head lettuce to control leafminers; November 14,
1994, to November 13, 1995. (Larry Fried)
9. Florida Department of Agriculture and Consumer Services for the
use of avermectin on potatoes to control leafminers; December 22, 1994,
to June 1, 1995. (Libby Pemberton)
10. Florida Department of Agriculture and Consumer Services for the
use of imidacloprid on tomatoes to control whiteflies; December 14,
1994, to December 14, 1995. A notice of receipt published in the
Federal Register of November 16, 1994 (59 FR 59223). The situation was
determined to be urgent and nonroutine, and significant economic losses
were expected without this use. (Andrea Beard)
11. Florida Department of Agriculture and Consumer Services for the
use of fenpropathrin on tomatoes to control whiteflies; December 14,
1994, to December 14, 1995. (Andrea Beard)
12. Georgia Department of Agriculture for the use of sethoxydim on
canola to control Italian ryegrass; October 10, 1994, to April 15,
1995. (Susan Stanton)
13. Hawaii Department of Agriculture for the use of hydramethylnon
on pineapples to control big-headed and Argentine ants; December 22,
1994, to December 21, 1995. (Libby Pemberton)
14. Idaho Department of Agriculture for the use of imazalil on
sweet corn seed to control dieback syndrome; October 7, 1994, to
October 1, 1995. (Susan Stanton)
15. New Jersey Department of Agriculture for the use of Pro-Gro
(carboxin/thiram) on onion seed to control onion smut; October 19,
1994, to June 1, 1995. (Susan Stanton)
16. Puerto Rico Commonwealth, Department of Agriculture, for the
use of avermectin on tomatoes to control leafminers; October 3, 1994,
to October 2, 1995. (Larry Fried)
17. Texas Department of Agriculture for the use of avermectin on
peppers to control broad mites; November 23, 1994, to November 22,
1995. (Larry Fried)
18. Washington Department of Agriculture for the use of zinc
phosphide on dormant timothy and timothy/alfalfa mixtures to control
meadow voles; October 4, 1994, to April 15, 1995. (Susan Stanton)
Crisis exemptions were initiated by the:
1. Arkansas State Plant Board on October 17, 1994, for the use of
metolachlor on spinach to control weeds. This program has ended. (Susan
Stanton)
2. Georgia Department of Agriculture on October 20, 1994, for the
use of metalaxyl on collards, mustard greens, and turnip greens to
control downy mildew. This program is expected to last until June 30,
1995. (Susan Stanton)
3. Hawaii Department of Agriculture on November 10, 1994, for the
use of imidacloprid on tomatoes to control whiteflies. This program is
expected to last until November 10, 1995. (Andrea Beard)
4. Pennsylvania Department of Agriculture on October 5, 1994, for
the use of chlorothalonil on mushrooms to control verticillium
diseases. This crisis exemption was revoked on October 7, 1994, due to
dietary risk issues and lack of progress toward registration of this
use. (Susan Stanton)
EPA has denied specific and public health exemption requests from
the:
1. Connecticut Department of Agriculture for the use of oxyfluorfen
on strawberries to control weeds. This specific exemption was denied
because the Agency was not able to conclude that strawberry growers
will experience significant economic losses if oxyfluorfen is not
available. (Larry Fried)
2. Georgia Department of Agriculture for the use of chlorothalonil
on collards, mustard greens, and turnip greens to control fungal
diseases. This specific exemption was denied because of unacceptable
dietary risk, lack of adequate progress toward registration, and the
State's failure to satsify data requirements imposed last year as a
condition for consideration of future section 18 requests for this use.
(Susan Stanton)
3. New Hampshire Department of Agriculture for the use of
oxyfluorfen on strawberries to control weeds. This specific exemption
was denied because the Agency was not able to conclude that strawberry
growers will experience significant economic losses if oxyfluorfen is
not available. (Larry Fried)
4. Pennsylvania Department of Agriculture for the use of
chlorothalonil on mushrooms to control verticillium fungicola. This
specific exemption was denied because the estimated lifetime dietary
cancer risk from the registered uses of chlorothalonil and the use on
mushrooms exceeds the level generally considered acceptable by EPA. The
current estimates of cancer risk from this use preclude any further
progress toward registration. (Susan Stanton)
5. Texas Department of Agriculture for the use of sodium
fluoroacetate on certain mammalian vectors to control gray fox rabies.
A notice of receipt of this public health exemption was published in
the Federal Register of August 24, 1994 (59 FR 43580), an extension of
comment period later published September 8, 1994 (59 FR 46428). The
Agency concluded that the proposed vector control program cannot be
expected with any degree of certainty to be effective in halting the
spread of the epizootic. For this reason, the Agency denied the request
for a public health exemption. This conclusion is based on the
following: the geographical area encompassed by the epizootic appears
to be too large to ensure that the landowner executed vector control
efforts could be managed and coordinated efficiently; the type of bait
proposed for use could not, on the basis of available relevant data, be
expected to selectively target gray foxes and the primary host
organisms or the purported ancillary vector species efficiently or
effectively; and the proposed spacing of individual baits and the
baiting density suggest that the expected taking of most baits by
nontarget species would create significant gaps in the proposed barrier
treatment that is intended to reduce gray fox populations and confine
the epizootic. (Libby Pemberton)
EPA has granted a quarantine exemption to the United States
Department of Agriculture/Animal and Plant Health Inspection Service
for the use of diazinon soil treatments and malathion in quarantined
areas within the State of Florida to eradicate exotic subtropical
members of the fruit fly family Tephritidae. November 30, 1994, to
November 29, 1997. (Susan Stanton).
Authority: 7 U.S.C. 136.
List of Subjects
Environmental protection, Pesticides and pests, Crisis exemptions.
[[Page 13984]] Dated: March 6, 1995.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 95-6415 Filed 3-14-95; 8:45 am]
BILLING CODE 6560-50-F
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