Receipt of Application for Emergency Exemption to Use Maneb; Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180922; FRL 4763-4]

Receipt of Application for Emergency Exemption to Use Maneb;

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

California Department of Pesticide Regulation (hereafter referred to as

the ``Applicant'') for use of the pesticide maneb (CAS 1242738-2) to

control walnut bacterial blight on walnuts. 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 March 28, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180922,'' should be submitted by mail to: Public

Response and Human Resource 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.

1128, 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.

1128, 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: Margarita Collantes,

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

Environmental Protection Agency, 401 M St., SW., Washington, D.C.

20460. Office location and telephone number: 6th Floor, Crystal Station

I, 2800 Jefferson Davis Highway, Arlington, VA 22202 (703-308-8347).

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 the maneb, available as Manex (EPA Reg. No.

1812-251) from Griffin Corporation, to control walnut bacterial blight,

caused by Xanthomonas campestris pv. juglandis, on a maximum of 29,000

acres in California. Information in accordance with 40 CFR part 166 was

submitted as part of this request.

According to the Applicant, walnut blight was found a few years

ago, but only in isolated locations in individual orchards. Walnut

blight is attributed to the development of a tolerance to copper based

bactericides, the only registered product for control of this disease.

In 1992 walnut blight became a serious problem and continued to worsen

in 1993. Since climate conditions previous to 1992 were not favorable

for disease development the tolerant bacteria did not become

widespread. However, in 1993 the climatic conditions changed producing

favorable conditions for the bacteria to spread throughout infested

orchards. Approximately 29,000 acres in Butte, Colusa, Glenn, Shasta,

Sutter, Tehama, Yolo and Yuba counties are critically affected. Without

the use of maneb, growers will face similar loss potential as those

recorded prior to the use of registered copper sprays.

Under the proposed exemption a 1.8125 lbs of product per acre will

be used on 29,000 acres. Manex and Kocide 101 will be applied as a tank

mix only. Applications may be made by air or ground. This tank mixture

is a skin sensitizer and may cause sensitization following repeated

contact in susceptible individuals.

Applications will begin at early pre-bloom prior to or when catkins

are partially expanded. Make additional applications during bloom and

early nutlet stage or as needed if frequent rainfall occurs. Do not

exceed 14 applications per season, and do not apply after June 15. A

worker safety reentry interval of 24 hours and a preharvest interval of

75 days must be observed. Livestock can not graze in treated orchards

or be feed the crop or crop products.

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 a specific exemption if an

emergency exemption has been subject to a Special Review, and is

intended for a use that could pose a risk similar to the risk posed by

any use of the pesticide which is or has been subject of the Special

Review. [40 CFR 166.24 (a)(5)].

The Agency initiated a Special Review of the ethylene

bisdithiocarbamate (EBDC) fungicides on July 17, 1987, which includes

maneb. A notice of final determination was issued March 2, 1992. The

Agency took this action based on an assessment of the risks from

exposure to ethylenethiourea (ETU) present in, or formed as a result of

metabolic conversion from, pesticide products containing the active

ingredient maneb. ETU, a potential human carcinogen, teratogen, and

thyroid toxicant, is present as a contaminant, degradation product, and

metabolite of all the EBDC pesticides. The Agency concluded that the

estimated cumulative risk of 10-5 from all current 55 food uses was

unacceptable and, therefore, canceled the following 11 food uses:

apricots, carrots, celery, collards, mustard greens, nectarines,

peaches, rhubarb, spinach, succulent beans and turnips. These

cancellations reduce estimated lifetime dietary risk to 1.6 x

10-6 which the Agency has determined does not outweigh the

benefits of the 44 retained uses.

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 Washington State Department of Agriculture.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: March 1, 1994.

Stephen L. Johnson,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-5722 Filed 3-10-94; 8:45 am]

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