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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180949; FRL-4908-8]

Receipt of Application for Emergency Exemption to use Sodium

Fluoroacetate; Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a public health exemption request from the

Texas Department of Agriculture (hereafter referred to as the

``Applicant'') to use the pesticide sodium fluoroacetate [CAS 62-74-8]

to treat up to 34,837,687 acres in gray fox rabies epizootic areas in

Texas to control vectors of rabies. 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 September 8, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180949,'' 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, DC 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: Libby Pemberton, 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, (703-308-8326).

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 public health exemption for the

use of sodium fluoroacetate to reduce gray fox, red fox, coyote,

bobcat, striped skunk, ringtail, and raccoon populations in 43 counties

in central Texas. Information in accordance with 40 CFR part 166 was

submitted as part of this request.

The Applicant indicates that in the first 6 months of 1994, 182

cases of fox rabies were reported in 19 counties. At least 126 people

from the most active counties in the epizootic received post-exposure

rabies treatment during January and May, 1994. The Applicant claims

that rabies is a disease of overpopulation which has resulted from the

loss of fur markets. The Applicant claims that if not controlled the

epizootic will continue to move towards human population centers.

The Applicant proposes to apply sodium fluoroacetate (Compound

1080) as a single dose bait (SDB). Each bait will contain five

milligrams active ingredient. Only one SDB may be placed at any single

site. Sites may not be closer than 300 feet on any one ownership. The

number of baits in use may not exceed 10 on properties of less than 100

acres; or 25 on properties of 101 to 639 acres; or a density greater

than 50 on any section (640 acres of land). Baits will be checked every

7 days. A maximum of 30 pounds of active ingredient will be required.

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 an emergency exemption

proposing use of a pesticide if the pesticide was the subject of a

notice under section 6(b) of the Act and was subsequently cancelled,

and is intended for a use that poses a risk similar to the risk posed

by any use of the pesticide which was the subject of the notice under

section 6(b).

Accordingly, interested persons may submit written views on this

subject to the Field Operations Division at the address above. The

Agency will review and consider all comments received during the

comment period in determining whether to issue the emergency exemption

requested by the Texas Department of Agriculture.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: August 19, 1994.

Lois Rossi,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-20950 Filed 8-23-94; 8:45 am]

BILLING CODE 6560-50-F