Receipt of Application for Emergency Exemptions to use Propazine; Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180919; FRL 4757-6]

Receipt of Application for Emergency Exemptions to use Propazine;

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

Oklahoma Department of Agriculture (hereafter referred to as the

``Applicant'') to use the pesticide propazine (CAS 139-40-2) to treat

up to 280,000 acres of sorghum to control various weeds. The Applicant

proposes the use of a new (unregistered) 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 24, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180919,'' 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.

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 No. 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, DC 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 propazine on sorghum to control pigweed. Information in accordance

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

Sorghum is grown as a rotational crop with cotton and wheat, in

order to comply with the soil conservation requirements. Propazine,

which was formerly registered for use on sorghum, was voluntarily

canceled by the former Registrant, who did not wish to support its re-

registration. The Applicant claims that this has left many sorghum

growers with no pre-emergent herbicides that will adequately control

certain broadleaf weeds, especially pigweed. Until recently, growers

have been using up existing stocks of propazine. The Applicant states

that other available herbicides have serious limitations on their use,

making them unsuitable for control of pigweed in sorghum. Although the

original Registrant of propazine has decided not to support this

chemical through re-registration, another company has committed to

support the data requirements for this use. Propazine was once

registered for this use, but has now been voluntarily canceled and is

therefore considered to be a new chemical.

The Applicant states that, because growers have been using existing

stocks of propazine since the time of its voluntary cancellation,

yields have not shown a decrease. However, this is the first season

where most growers have depleted their stocks of propazine, and the

Applicant claims that significant economic losses will occur without

the availability of propazine.

The Applicant proposes to apply propazine at a maximum rate of 1.2

lbs. active ingredient (a.i.), (2.4 pts. of product) per acre, by

ground or air, with a maximum of one application per crop growing

season. Therefore, use under this exemption could potentially amount to

a maximum total of 336,000 lbs. of active ingredient (84,000 gal. of

product). This is the first time that Oklahoma has applied for this use

of propazine on sorghum.

Requests for exemptions were also received earlier this year from

New Mexico and Texas, and Texas was issued an exemption for this use

for last growing season. 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 Oklahoma Department of

Agriculture.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: January 26, 1994.

Stephen L. Johnson,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-2700 Filed 2-8-94; 8:45 am]

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