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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180928; FRL 4771-1]

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 Arizona

Department of Agriculture (hereafter referred to as the ``Applicant'')

to use the pesticide imidacloprid (CAS 105827-78-9) to treat up to

25,000 acres of melons to control the sweet potato whitefly (Bemesia

tabaci). 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 April 21, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180928,'' 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 imidacloprid on melons to control the sweet potato whitefly (SPWF).

Information in accordance with 40 CFR part 166 was submitted as part of

this request.

The SPWF is common on many wild and cultivated crops such as

tomatoes, cotton, cucurbits and solanaceae. The sweet potato whitefly

(SPWF) is a relatively new pest on melons. The SPWF has caused severe

economic damage to several other commodities nationwide including

cotton, lettuce, squash, beans, peanuts, and ornamentals. According to

the Applicant, SPWF populations for this season are expected to be

widespread, and heavy enough to cause serious economic loss to the

melon crop. SPWF causes damage through feeding activities, and also

indirectly through the production of a honeydew, which encourages

growth of sooty mold and other fungi. The Applicant claims that

adequate control of the SPWF is not being achieved with the currently

registered compounds and that without imidacloprid, melon growers will

incur a significant economic loss.

Along with this request, the Applicant has also requested a

specific exemption for use of a different chemical (bifenthrin) on

melons for control of the SPWF. The Applicant justifies requests for

two chemicals, by stating that the imidacloprid would be applied at or

near planting/transplanting, as a soil incorporated treatment; since

imidacloprid is a systemic, it would be taken up by the small

seedlings, and protect them from SPWF feeding during this early stage

of development. The Applicant states that bifenthrin, being non-

systemic, is only of use as a foliar spray, which is of little value

during the early phase of development, when there is limited leaf area.

Thus the Applicant proposes that use of bifenthrin be allowed later in

the crop season, as a foliar treatment, to maintain season-long

control. The Applicant indicates that imidacloprid would not be of use

as both a soil treatment and a foliar spray, because its mode of action

is such that resistance development is a concern. The Registrant of

imidacloprid will not support the use of this chemical further into the

growing season for this reason.

The Applicant proposes to apply imidacloprid at a maximum rate of

0.25 lb. (dry) active ingredient (16 fluid oz. of product) per acre

with a maximum of one application per crop season on a total of 25,000

acres of melons. Use under this exemption could potentially amount to a

maximum total of 6,250 lbs. of active ingredient, or 3,125 gal. of

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

use of imidacloprid on melons. However, the Applicant requested, and

was granted, specific exemptions for the use of bifenthrin for SPWF

control in melons for the past two years (this is the third consecutive

year for the request for bifenthrin).

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 Arizona Department 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. 94-8103 Filed 4-5-94; 8:45 am]

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