Metolachlor; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180995; FRL 5350-2]

Metolachlor; Receipt of Application for Emergency Exemption,

Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a specific exemption requests from the

Wisconsin Department of Agriculture, Trade and Consumer Protection and

the Virginia Department of Agriculture and Consumer Services (hereafter

referred to as the ``Applicants'') to use the pesticide metolachlor to

treat up to 160 acres in Jefferson, Marquette and Waushara counties in

Wisconsin and 1,000 acres in Virginia of spinach to control grasses and

weeds. The Applicants propose the use of an emergency exemption which

has been requested for the previous 3 years. A complete application for

registration of this use and a tolerance petition has not been

submitted to the Agency. 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 March 21, 1996.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180995,'' 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.

Comments and data may also be submitted electronically by sending

electronic mail (e-mail) to: [email protected]. Electronic

comments must be submitted as an ASCII file avoiding the use of special

characters and any form of encryption. Comments and data will also be

accepted on disks in WordPerfect in 5.1 file format or ASCII file

format. All comments and data in electronic form must be identified by

the docket number [OPP-180995]. No Confidential Business Information

(CBI) should be submitted through e-mail. Electronic comments on this

notice may be filed online at many Federal Depository Libraries.

Additional information on electronic submissions can be found below in

this document.

Information submitted in any comment concerning this notice may be

claimed confidential by marking any part or all of that information as

(CBI). 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 CBI 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 #2, 1921 Jefferson Davis Highway, Arlington, VA,

from 8 a.m. to 4:30 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, DC 20460.

Office location and telephone number: Floor 6, Crystal Station #1, 2800

Jefferson Davis Highway, Arlington, VA, (703) 308-8347; e-mail:

[email protected].

[[Page 8935]]

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

metolachlor on spinach to control grasses and weeds. Information in

accordance with 40 CFR part 166 was submitted as part of this request.

According to the Applicants, the discontinued production of

diethatyl ethyl (Antor) by Nor-Am Chemical Company has left spinach

growers without an efficacious registered alternative. Spinach is grown

entirely on drained muck soil in Wisconsin. These high organic matter

soils render the registered alternative, Roneet 6E ineffective as a

pre-emergent treatment to control grasses and weeds. Roneet does not

control the pineapple weed nor galinsoga weeds of Virginia. These weeds

contaminate the spinach and cannot be economically removed by hand on

cleaning belts in packing houses. Without the use of metolachlor,

spinach growers could suffer significant economic losses.

Under the proposed exemptions, a maximum of one ground application

at the rate of 2.00 pounds of active ingredient per acre will be used

on 160 acres of spinach in Jefferson, Marquette, and Waushara counties

in Wisconsin. A maximum of one pre-emergence application per crop

(three harvest periods) at a rate of 0.75 to 1.0 pounds of active

ingredient per acre by ground or air equipment will be made on 1,000

acres in Virginia.

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 an emergency exemption which has been

requested in any 3 previous years, and a complete application for

registration of the use and/or a tolerance petition has not been

submitted to the Agency [40 CFR 166.24 (a)(6)]. This is the fourth year

this use has been requested under section 18 of FIFRA and no tolerance

petition has yet to be submitted. According to applicants, IR-4 is

planning to prepare a petition package in late 1996. Such notice

provides for opportunity for public comment on the application.

A record has been established for this notice under docket number

[OPP-180995] (including comments and data submitted electronically as

described below). A public version of this record, including printed,

paper versions of electronic comments, which does not include any

information claimed as CBI is available for inspection from 8 a.m. to

4:30 p.m., Monday through Friday, excluding legal holidays. The public

record is located in Room 1132 of the Public Response and Program

Resource Branch, Field Operations Division (7506C), Office of Pesticide

Programs, Environmental Protection Agency, Crystal Mall #2, 1921

Jefferson Davis Highway, Arlington, VA.

Electronic comments can be sent directly to EPA at:

[email protected]

Electronic comments must be submitted as an ASCII file avoiding the

use of special characters and any form of encryption.

The official record for this notice, as well as the public version,

as described above will be kept in paper form. Accordingly, EPA will

transfer all comments received electronically into printed, paper form

as they are received and will place the paper copies in the official

record which will also include all comments submitted directly in

writing. The official record is the paper record maintained at the

address in ``ADDRESSES'' at the beginning of this document.

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 Wisconsin Department of

Agriculture, Trade, and Consumer Protection and the Virginia Department

of Agriculture and Consumer Services.

List of Subjects

Environmental protection, pesticides and pests, emergency

exemptions.

Dated: February 22, 1996.

Peter Caulkins,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 96-4966 Filed 3-5-96 8:45 am]

BILLING CODE 6560-50-F