[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8107]
[[Page Unknown]]
[Federal Register: April 6, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180931; FRL 4771-4]
Receipt of Application for Emergency Exemption To Use Mancozeb;
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'') for use of the pesticide
mancozeb (CAS 8018-01-7) to control leaf, stem blight on ginseng. 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 April 21, 1994.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-180931,'' should be submitted by mail to: Public
Response and Human Resource Branch, Field Operations Division (7506C),
Office of Pesticide Programs, Environmental Protection Agency, 401 M
St., SW., Washington, D.C. 20460. In person, bring comments to: Rm.
1128, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
Information submitted in any comment concerning this notice may be
claimed confidential by marking any part or all of that information as
``Confidential Business Information.'' 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 Confidential
Business Information 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.
1128, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA,
from 8 a.m. to 4 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, D.C.
20460. Office location and telephone number: 6th Floor, Crystal Station
I, 2800 Jefferson Davis Highway, Arlington, VA 22202, (703) 308-8347.
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 the mancozeb, available as Dithane DF (EPA
Reg. No. 707-180) from Rohm and Haas Co., to control leaf, stem blight,
caused by the fungus Alternaria panax and Phytophthora cactorum, on a
maximum of 4,167 acres in Wisconsin. 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. Alternaria panax has become resistant to
Rovral 50W, the only fungicide carrying a section 3 label for use
against Alternaria blight on ginseng. Rovral by itself can no longer be
effective to control Alternaris. Other fungicides are also
substantially less effective than Dithane. If not controlled, the
disease can be expected to infest all of Wisconsin's 5,000 acres of
ginseng.
Under the proposed exemption 2.0 lbs of product (1.5 lbs of 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. Applications will be made by certified private or
commercial applicators or persons under their direct supervision. In
addition, applicators, mixer/loaders, and persons entering treated
ginseng gardens to work must wear chemical-resistant gloves, long-
legged pants and long-sleeved shirts.
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 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 governing section 18 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 7 years
(1987 thru 1993). Mancozeb was granted for use on ginseng in 1991 and
1993 and Wisconsin went crisis in 1992. An application for registration
of this use has not been submitted to the Agency.
Accordingly, interested persons may submit written views on this
subject to the Field Operations Division at the address above. The
Agency 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, Crisis exemptions.
Dated: March 25, 1994.
Stephen L. Johnson,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 94-8107 Filed 4-5-94; 8:45 am]
BILLING CODE 6560-50-F
