Receipt of Application for Emergency Exemption to use Imidacloprid; Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180934; FRL 4774-4]

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

California Environmental Protection Agency (hereafter referred to as

the ``Applicant'') to use the pesticide imidacloprid (CAS 105827-78-9)

to treat up to 2,000 acres of tomatoes to control the sweet potato

whitefly (Bemesia tabaci), and the greenhouse whitefly (Trialeurodes

vaporariorum). The Applicant proposes the first food use of an active

ingredient; 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 May 2, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180934,'' 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 tomatoes to control the sweet potato whitefly and

the greenhouse whitefly. Information in accordance with 40 CFR part 166

was submitted as part of this request. Whiteflies have been a problem

in the ``desert-cropping systems'' in California and Arizona for some

time, but in 1990, a new strain was discovered, which appears to be

much more prolific than the standard strain, and resistant to many

insecticides. Whiteflies are common on many wild and cultivated crops

such as tomatoes, cotton, cucurbits and solanaceae. The Applicant

states that this new strain caused devastation to many crops in 1991 in

California's Imperial Valley, with crop losses over $120 million.

Whiteflies cause direct damage to the tomato plant through feeding

activities and the production of honeydew which enhances sooty mold

development.

Whiteflies are also considered responsible for the introduction and

distribution of at least one geminivirus (which can lead to extreme

yield losses), and also cause a physiological disorder resulting in

irregular ripening of fruit. The Applicant claims that adequate control

of these pests are not being achieved with the currently registered

compounds. The Applicant claims that without control of this pest,

growers could expect up to 30-40 percent yield losses, making it

economically unfeasible to grow tomatoes. The Applicant estimates that

losses could average over $1,300 per acre.

The Applicant proposes to apply imidacloprid at a maximum rate of

0.375 lb. (dry) active ingredient (24 fluid oz. of product) per acre

with a maximum of one application per crop season on a maximum of 2,000

acres of tomatoes. It is possible to produce two tomato crops per

calendar year on a given acre, and therefore, the acreage could

potentially receive two applications of imidacloprid per calendar year.

However, the Applicant proposes that no more than 0.5 lb. a.i. (32 fl.

oz. product) be applied per acre per calendar year. Therefore, use

under this exemption could potentially amount to a maximum total of

1,000 lbs. of active ingredient, or 500 gal. of product. This is the

first time that the Applicant has applied for the use of imidacloprid

on tomatoes. However, the Applicant requested, and was granted,

specific exemptions for the use of fenpropathrin in 1993, and

bifenthrin in 1992 and 1991, for whitefly control in tomatoes.

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 in the Federal Register and solicit

public comment on an application for a specific exemption proposing the

first food use of an active ingredient. 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 California Environmental

Protection Agency.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: April 7, 1994.

Stephen L. Johnson,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-9162 Filed 4-14-94; 8:45 am]

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