Receipt of Application for Emergency Exemption To Use Imidacloprid; Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180929; FRL 4771-2]

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 specific exemption requests from the Oregon

and Utah Departments of Agriculture (hereafter referred to as the

``Applicants'') to use the pesticide Imidacloprid (CAS 105827-78-9) to

treat up to 13,000 acres of apples to control aphids. The Applicants

propose 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 April 21, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180929,'' 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, 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 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, 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 Applicants have

requested the Administrator to issue specific exemptions 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 Applicants state that aphids have been a chronic pest of apples

in Oregon and Utah. Aphids feed on the plant tissues of young trees,

which can stunt growth and affect future tree productivity. 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 Applicants state 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 because of human risk concerns the manufacturer

removed all labeled uses of mevinphos on apples and pears from the

label in 1993. Therefore, the Applicants claim that Oregon and Utah

apple growers are left without adequate means to control aphids. The

Applicants anticipate crop value losses of approximately 10 percent

without the availability of imidacloprid this growing season.

The Oregon and Utah Departments of Agriculture propose that

imidacloprid be used 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. No more than 0.5 lb. a.i. (32 fluid oz. of product)

applied per year. Oregon proposes treatment on up to 9,500 acres of

apples. This would total approximately 4,750 lbs. of a.i, or 2,375 gal.

of product. Utah proposes treatment on up to 3,363 acres of apples.

This would total approximately 1,682 lbs. of a.i., or 841 gal. of

product. This is the first time the Applicants have applied for the use

of imidacloprid on apples. A section 18 for this use of imidacloprid

was issued by the Agency to Washington State on March 7, 1994 for up to

160,980 acres.

This notice does not constitute a decision by EPA on the

applications themselves. 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 Oregon and Utah Departments of

Agriculture.

List of Subjects

Environmental protection, Pesticide and pests, Crisis exemptions.

Dated: March 25, 1994.

Stephen L. Johnson,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-8102 Filed 4-5-94; 8:45 am]

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