[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Pages 67880-67882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32680]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181065; FRL 6047-8]
Malathion and Diazinon; 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 quarantine exemption request under section
18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
from the U.S. Department of Agriculture (hereinafter referred to as the
``Applicant'') to use the pesticides malathion (CAS No. 121-75-5),
formulated as Fyfanon ULV (EPA Registration No. 4787-8 and 51036-104)
and diazinon (CAS No. 333-41-5), formulated as Diazinon 4-E (EPA
Registration No. 769-687) to treat areas within Florida where
nonindigenous subtropical fruit flies (various species in the family
Tephritidae) are found. This notice provides a 30-day period for public
comment on the request.
Four geographically distinct infestations of the Mediterranean
fruit fly (Ceratitis capitata) were discovered in Florida in 1998. In
addition, a wide-spread outbreak of the Mediterranean fruit fly was
discovered in central Florida in 1997. In order to ensure that this
pest did not become established in Florida, the Applicant and the State
of Florida used the pesticides identified above, along with the release
of sterile Mediterranean fruit flies and other measures, to eradicate
the outbreaks.
The pesticide use that takes place related to exotic fruit fly
eradication is occurring under the authorities of FIFRA section 18.
Because EPA is interested in engaging stakeholders affected by
important programs undertaken under section 18, the Agency is invoking
its discretionary authority under 40 CFR 166.24(a)(7) and, through the
publication of this notice, is soliciting public comment with respect
to the eradication scheme proposed by the Applicant.
This notice does not constitute a decision by EPA on the
application itself. The regulations governing Section 18 cite that the
Administrator may determine that it is appropriate to publish a notice
of receipt of an application for a quarantine exemption request [40 CFR
166.24 (a)(7)]. Such notice provides for opportunity for public comment
on the application.
DATES: Comments must be received on or before January 8, 1999.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-181065,'' should be submitted by mail to: Public
Information and Records Integrity Branch, Information Resources and
Services Division (7502C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. In person,
bring comments to: Rm. 119, Crystal Mall #2, 1921 Jefferson Davis
Highway, Arlington, VA.
Comments and data may also be submitted electronically by sending
electronic mail (e-mail) to: opp-docket@epamail.epa.gov. Follow the
instructions under SUPPLEMENTARY INFORMATION. No Confidential Business
Information (CBI) should be submitted through e-mail.
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
[[Page 67881]]
submitter for inclusion in the public record. Information not marked
confidential may be disclosed publicly by EPA without prior notice. The
docket is available for public inspection at the Virginia address given
above, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays.
FOR FURTHER INFORMATION CONTACT: By mail: Daniel J. Rosenblatt,
Registration Division (7505C), Office of Pesticide Programs,
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
Office location, telephone number and e-mail: Crystal Mall #2, Rm. 280,
1921 Jefferson Davis Highway, Arlington, VA, (703-308-9375); e-mail:
rosenblatt.dan@epamail.epa.gov.
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 federal or state
agency from any provision of FIFRA if she determines that emergency
conditions exist which require such exemption. The Applicant has
requested the Administrator to issue a quarantine exemption for the use
of malathion and diazinon to control non-indigenous subtropical fruit
flies in Florida. Information in accordance with 40 CFR part 166 was
submitted as part of this request.
The Applicant is responsible for operating quarantine programs in
the United States to protect agriculture against the introduction and
establishment of non-indigenous pest species. The establishment of a
new exotic fruit fly species such as the Mediterranean fruit fly in the
continental United States would be extremely costly for agricultural
producers and related industries. The Applicant projects that the costs
associated with the establishment of exotic fruit flies in the
continental United States would be severe, dramatically curtailing
interstate and international trade in numerous agricultural
commodities, particularly citrus crops. In addition, the Applicant
indicates that if nonindigenous exotic fruit flies become established
such infestations will have significant negative biological and
environmental consequences.
The Applicant maintains that exclusion and detection measures alone
are not adequate to protect Florida from the introduction of
nonindigenous and destructive fruit fly pests. Therefore, an emergency
program capable of eradicating an outbreak once it is discovered is
necessary. The Applicant's position is that the requested program is
efficacious and, simultaneously, protective of public health and
environment. The request describes several alternative approaches that
were considered that appear to be less suitable or developed as
compared to the proposed approach. For example, physical control
measures, such as fruit stripping, cultural control measures through
the modification of agricultural practices, biological controls such as
the introduction of predator species, and several other alternative
pesticides were considered by the Applicant.
The pesticidal approaches proposed for use under this program will
be dictated by the magnitude of the pest infestation. For example, in
the outbreak discovered in Dade County Florida in April 1998, a small
number of localized ground-based applications of malathion bait were
used, along with limited treatments of diazinon soil drench and sterile
Mediterranean fruit fly releases. In the eradication program undertaken
against the infestation of Mediterranean fruit flies centered in Lake
County Florida in April 1998, 1,315 flies were trapped. An outbreak of
this intensity required the use of both aerial and ground treatments of
malathion bait in a 35.5 square mile area. Sterile Mediterranean fruit
flies were also released in connection with this outbreak.
Under the exemption application now under consideration, the
Applicant requested the use of malathion and diazinon to eradicate
nonindigenous subtropical fruit flies. Following the identification of
a quarantined fruit fly, malathion would be applied along with a
protein bait attractant (at a rate of 2.4 ounces/acre of malathion with
9.6 ounces of protein hydrolysate/acre) through ground or aerial
application equipment. Applications are proposed at 5 to 21 day
intervals until eradication is achieved, as determined by an absence of
detections in baited traps. The total number of applications includes
sufficient time to extend through two fruit fly life cycles beyond the
last fly find. Fruit fly life cycles are temperature dependent, and
could range from approximately 26 to 90 days. The applicant referenced
the general conditions in Florida and estimates that six to eight
applications are typically needed in order to cover two life cycles.
Because of these uncertainties, it is difficult to anticipate the total
amount of pesticide required for a given infestation or time period.
The diazinon would be applied through soil drench technique
directly within the drip line of trees determined to have been hosts to
the pests. The proposed application rate for diazinon is 1.8 ounces
pesticide per 1,000 square feet of soil surface within the drip line of
host trees and to the soil around host nursery stock. A maximum of 10
pounds of diazinon was proposed.
A summary of the other major proposed measures and eradication
program conditions include:
1. Expansion of fruit fly detection and prevention activities. The
exotic fruit fly trapping and detection activities represent the
initial defense against pest outbreaks. Given that fruit fly
populations are capable of reproducing quickly, a comprehensive
scouting and exclusion program is critical to preventing the
establishment of these pests in the contiguous United States. In
addition, prevention efforts are in line with the objective of risk
reduction since it is likely that any eradication program that is
undertaken would be smaller in scope if the outbreak is detected
shortly after the introduction of the pest.
Given that background, the Applicant has indicated that more fruit
fly traps will be placed in the field in the future. Further, the traps
will be serviced by new personnel hired to expand the detection efforts
in Florida. In addition, new or expanded exclusion measures will be
used to increase the security of the Florida border from the accidental
importation of contaminated produce. For example, screening tools such
as canine detection teams and new x-ray equipment will be used in
Florida ports.
2. Sterile Insect Technique (SIT) which involves the introduction
of sterilized male flies into the infested area with the objective of
fostering sterile flies to mate with feral female flies. The resultant
eggs will be infertile. The Applicant is an advocate of SIT and
believes it should be used when it is possible to over flood the wild
population with sterile males. The Applicant also mentions that SIT can
be used as a preventative measure and cited the ongoing release of SIT
over Manatee County, Florida.
3. Public notification and education whereby residents in treated
areas are to receive a minimum of 24 hours advance notice for a
treatment planned around their homes. The notification measures include
precautions that the public might take to protect their health,
property, and pets. Further, the Applicant will establish a telephone
hotline so that individuals in the treatment areas can obtain current
information about the eradication program and report any suspected
adverse effects connected with the treatments. The outreach program
also includes special notification for individuals who are listed on
state
[[Page 67882]]
public health registries as hypersensitive to chemical exposure.
4. Ecological and environmental protections will be established.
These include consultations with FWS concerning endangered and
threatened species, notice to beekeepers and the establishment of
buffer areas to protect sensitive environmental resources.
This notice is a summary of the information submitted by the
Applicant. This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 cite that the
Administrator may determine that it is appropriate to publish a notice
of receipt of an application for a quarantine exemption request 40 CFR
166.24 (a)(7). Such notice provides for opportunity for public comment
on the application.
The official record for this notice, as well as the public version,
has been established under docket number [OPP-181065] (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 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The official notice record is
located at the address in ``ADDRESSES'' at the beginning of this
document.
Electronic comments can be sent directly to EPA at: docket@epamail.epa.gov.
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 5/1/6.1 or ASCII
file format. All comments and data in electronic form must be
identified by the docket number [OPP-181065]. Electronic comments on
this notice may be filed online at many Federal Depository Libraries.
The Agency will review and consider all comments received during
the comment period in determining whether to issue the emergency
exemption requested by the U.S. Department of Agriculture.
List of Subjects
Environmental protection, Pesticides and pests, Emergency
exemptions.
Dated: December 1, 1998.
James Jones,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 98-32680 Filed 12-8-98; 8:45 am]
BILLING CODE 6560-50-F
