[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Notices]
[Pages 8934-8935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4966]
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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: 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-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:
collantes.margarita@epamail.epa.gov.
[[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:
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 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
