97-6014. Mancozeb; Receipt of Application for Emergency Exemption, Solicitation of Public Comment  

  • [Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
    [Notices]
    [Pages 11447-11449]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-6014]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    [OPP-181035; FRL 5591-3]
    
    
    Mancozeb; 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 request from the 
    Wisconsin Department of Agriculture, Trade, and Consumer Protection 
    (hereafter referred to as the ``Applicant'') to use the pesticide, 
    mancozeb (CAS 8018-01-7), formulated as Dithane DF, to treat up to 
    5,000 acres of ginseng to control stem and leaf blight. Since this 
    request proposes a use which has been requested or granted in any 3 
    previous years, and a complete application for registration and 
    petition for tolerance has not yet been submitted to the Agency; and 
    since mancozeb has also been the subject of a Special Review, EPA is 
    soliciting public comment before making the decision whether or not to 
    grant the exemption, in accordance with 40 CFR 166.24(a)(5) and (6).
    
    DATES: Comments must be received on or before March 27, 1997.
    
    ADDRESSES: Three copies of written comments, bearing the identification 
    notation ``OPP-181035,'' 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: opp-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
    
    [[Page 11448]]
    
    file format or ASCII file format. All comments and data in electronic 
    form must be identified by the docket number [OPP-181035]. 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 No. 2, 1921 Jefferson Davis Highway, Arlington, VA, 
    from 8:30 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; e-mail: 
    beard.andrea@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 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 mancozeb on ginseng to control stem and leaf blight. Information in 
    accordance with 40 CFR part 166 was submitted as part of this request.
        According to the Applicant, Alternaria blight rarely kills the 
    ginseng root, which is the marketed portion; however, loss of the 
    foliage results in significant root yield loss in a harvested crop, and 
    retards root growth and overwintering ability in younger crops. 
    Infestations of Alternaria blight in one season greatly increase the 
    potential for epidemics in subsequent seasons, since the fungus remains 
    in the infected plant debris. Rovral 50W, the only fungicide carrying a 
    section 3 label for use against Alternaria blight on ginseng, is no 
    longer effective since Alternaria panax has developed a resistance to 
    it. If not controlled, Alternaria blight can be expected to infest all 
    of Wisconsin's 5,000 acres of ginseng and growers will suffer 
    significant economic loss.
        Under the proposed exemption, 2.0 lbs of product (1.5 lbs of a.i.) 
    per acre may be used on up to 5,000 acres. A maximum of 12 applications 
    at a minimum of 7-day intervals may be made by ground equipment. 
    Therefore, use under this exemption could potentially result in 
    application of up to 120,000 lbs. product (90,000 lbs. a.i.) total.
        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 
    the requested chemical has been subject to a Special Review, and is 
    intended for a use that could pose a risk similar to the risk posed by 
    any use of the pesticide which is or has been subject of the Special 
    Review. [40 CFR 166.24 (a)(5)].
        The Agency initiated a Special Review of the ethylene 
    bisdithiocarbamate (EBDC) fungicides on July 17, 1987, which includes 
    mancozeb. A notice of final determination was issued March 2, 1992. The 
    Agency took this action based on an assessment of the risks from 
    exposure to ethylenethiourea (ETU) present in, or formed as a result of 
    metabolic conversion from pesticide products containing the active 
    ingredient mancozeb. ETU, a potential human carcinogen, teratogen, and 
    thyroid toxicant, is present as a contaminant, degradation product, and 
    metabolite of all the EBDC pesticides. The Agency concluded that the 
    estimated cumulative risk of 10-5 from all current 55 food uses 
    was unacceptable and, therefore, canceled the following 11 food uses: 
    apricots, carrots, celery, collards mustard greens, nectarines, 
    peaches, rhubarb, spinach succulent beans and turnips. These 
    cancellations reduce estimated lifetime dietary risk to 1.6 x 10-6 
    which the Agency has determined does not outweigh the benefits of the 
    44 retained uses.
        The regulations also require the Agency to publish a 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 the use 
    of mancozeb on ginseng have been requested for the past ten years (1987 
    - 1996). The registrant, Rohm and Haas, has indicated that they intend 
    to pursue a registration in cooperation with IR-4 this year, and it is 
    expected that an application for registration will be submitted to the 
    Agency before the end of 1997.
        A record has been established for this notice under docket number 
    [OPP-181035] (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 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:
        opp-docket@epamail.epa.gov
        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.
    
    List of Subjects
    
        Environmental protection, Pesticides and pests, Emergency 
    exemptions.
    
    
    [[Page 11449]]
    
    
        Dated: February 28, 1997.
    
    Peter Caulkins,
    Acting Director, Registration Division, Office of Pesticide Programs.
    
    [FR Doc. 97-6014 Filed 3-11-97 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
03/12/1997
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
97-6014
Dates:
Comments must be received on or before March 27, 1997.
Pages:
11447-11449 (3 pages)
Docket Numbers:
OPP-181035, FRL 5591-3
PDF File:
97-6014.pdf