Receipt of Application for Emergency Exemption to use 2,4-D; Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180930; FRL 4771-3]

Receipt of Application for Emergency Exemption to use 2,4-D;

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

Minnesota Department of Agriculture (hereafter referred to as the

``Applicant'') for use of the pesticide 2,4-D (EPA Reg. No. 264-2) to

control Common waterplantain on up to 20,000 acres of wild rice in

Minnesota. In accordance with 40 CFR 166.24, EPA is soliciting public

comment before making the decision on whether or not to grant the

exemption.

DATES: Comments must be received on or before April 28, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180930,'' 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: Larry Fried, 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) 308-8328.

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 herbicide, 2,4-D, available as Weedar 64

(EPA Reg. No. 264-2) from Rhone-Poulenc Ag Company, to control Common

waterplantain (waterplantain) which develops a dense leaf canopy in

wild rice fields and can, in extreme cases, reduce wild rice yields by

more than 90 percent. Information in accordance with 40 CFR part 166

was submitted as part of this request.

According to the Applicant, waterplantain is found in nearly all

Minnesota fields which have been cropped continuously to wild rice.

Established waterplantain grows from old root stocks early in the

spring and plants emerge from the water two to three weeks before wild

rice. The emergence of waterplantain prior to wild rice negatively

impacts the early stages of the rice's development. Knowledgeable

experts indicate that it is not unreasonable for fields infested with

waterplantain to experience 50 percent yield losses. No herbicides are

currently registered for use on wild rice because of a ruling by EPA

that disallowed chemicals that are registered for use on ``rice'' to be

used on wild rice because of differences in taxonomy and growing

practices of the two crops. Non-chemical control by hand-weeding or

mechanical cultivation is not practical due to necessary flooding of

wild rice fields.

Under the proposed exemption a maximum of one application could be

applied, at a rate of 8.0 fl. oz. of product (0.25 lb. a.i.) per acre.

A maximum of 1,375 gal. of product or 5,500 lbs. a.i. could be applied

in 1994. Applications would be made between May 1 and July 31, 1994.

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 requested or granted for that use in any 3

previous years, and a complete application for registration of that use

has not been submitted to the Agency [40 CFR 166.24 (a)(6)]. Exemptions

for this use of 2,4-D on wild rice in Minnesota have been requested and

granted for the past 4 years, and an application for registration of

this use has not been submitted to the Agency.

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 Minnesota Department of Agriculture.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: April 1, 1994.

Stephen L. Johnson,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-8732 Filed 4-12-94; 8:45 am]

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