96-4965. Mancozeb; Receipt of Application for Emergency Exemption, Solicitation of Public Comment  

  • [Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
    [Notices]
    [Pages 8933-8934]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-4965]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    [OPP-180994; FRL 5350-1]
    
    
    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 to treat up to 4,167 acres of ginseng to control stem and leaf 
    blight. An emergency exemption for this use has been requested for the 
    previous 3 years, and a complete application for registration of this 
    use and tolerance petition has not been submitted to the Agency. In 
    addition, this emergency exemption has been subject to a Special 
    Review. 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-180994,'' 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 file format or ASCII file 
    format. All comments and data in electronic form must be identified by 
    the docket number [OPP-180994]. 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 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: 
    collantes.margarita@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 
    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 active 
    ingredient (a.i.)] per acre will be used on 4,167 acres. A maximum of 
    12 applications at a minimum of 7-day intervals will be made by ground 
    equipment using a minimum of 80 gallons of water per acre. A 28 day 
    pre-harvest interval will be observed.
        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 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 
    
    [[Page 8934]]
    subject of the Special Review. [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 9 years (1987 - 
    1996). The registrant, Rohm and Haas, has indicated that they intend to 
    pursue a registration in cooperation with IR-4 this year. However, an 
    application for registration of this use has not been submitted to the 
    Agency.
        A record has been established for this notice under docket number 
    [OPP-180994] (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:
        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.
    
        Dated: February 22, 1996.
    
    Peter Caulkins,
    Acting Director, Registration Division, Office of Pesticide Programs.
    
    [FR Doc. 96-4965 Filed 3-5-96; 8:45 am]
    BILLING CODE 6560-50-F
    
    

Document Information

Published:
03/06/1996
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
96-4965
Dates:
Comments must be received on or before March 21, 1996.
Pages:
8933-8934 (2 pages)
Docket Numbers:
OPP-180994, FRL 5350-1
PDF File:
96-4965.pdf