Receipt of Application for Emergency Exemption to use Imidacloprid; Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180916; FRL 4753-9]

Receipt of Application for Emergency Exemption to use

Imidacloprid; 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 Imidacloprid (CAS 105827-78-9) to

treat up to 160,980 acres of apples to control aphids. The Applicant

proposes the use of a new chemical; 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 February 3, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180916,'' should be submitted by mail to: Public

Response and Program Resources Branch, Field Operations Division

(7506C), Office of Pesticide Programs, Environmental Protection Agency,

401 M St., SW., Washington, D.C. 20460. In person, bring comments to:

Rm. 1132, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.

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.

1132, 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: Andrea Beard, Registration

Division (7505W), Office of Pesticide Programs, Environmental

Protection Agency, 401 M St., SW., Washington, D.C. 20460. Office

location and telephone number: Floor 6, Crystal Station #1, 2800

Jefferson Davis Highway, Arlington, VA, (703-308-8791).

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 imidacloprid on apples to control aphids. Information in accordance

with 40 CFR part 166 was submitted as part of this request.

The Applicant states that aphids have been a chronic pest of apples

in Washington. Aphids feed on the plant tissues of young trees, which

can stunt growth and possibly affect future productivity of the tree.

On large, vigorous trees, the primary concern is fruit damage. Aphids

excrete such large amounts of honeydew that it drips on the fruit,

causing russetting or providing a substrate for the growth of sooty

mold. The value of such damaged fruit is considerably reduced, as it is

diverted to a processing market. The Applicant states that some of the

registered alternative pesticides, while once effective, have lost much

of their effectiveness due to build-up of resistant aphid populations.

Others are said to only provide suppression, and not adequately control

aphids. One of the registered alternatives phosphamidon that is still

somewhat effective for this pest problem was withdrawn from the market

in 1991, due to non-support for re-registration, and existing stocks

have been mostly depleted. Another chemical mevinphos was previously

used for this pest, but cases of occupational poisoning of farm workers

using this material led to a ban for use on Washington tree fruits, in

1993, because of human risk concerns. Therefore, the Applicant claims

that Washington apple growers are left without adequate means to

control aphids. The Applicant states that information collected last

year for one sampling of apples indicated a 33 percent loss in crop

value due to aphid damage.

The Applicant proposes to apply imidacloprid at a maximum rate of

0.1 lb. active ingredient (a.i.), or 6.4 fluid oz. of product, per acre

with a maximum of 5 applications on up to 160,980 acres of apples, with

no more than 0.5 lb. a.i. (32 fluid oz. of product) applied per year.

This amounts to a possible total of 80,490 lbs. of a.i., or 40,245 gal.

of product. This is the first time that the Applicant has applied for

the use of imidacloprid on apples. 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 a new chemical (i.e., an

active ingredient not contained in any currently registered pesticide).

Such notice provides for opportunity for public comment on the

application. 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 Washington Department of

Agriculture.

List of Subjects

Environmental protection, Pesticide and pests, Crisis exemptions.

Dated: January 6, 1994.

Stephen L. Johnson,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-1240 Filed 1-18-94; 8:45 am]

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