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Chem-News October 1989

DATE:    October 2, 1989
TO:      Those Interested in Pesticide Information
FROM:    William G. Smith, Extension Associate
EMERGENCY EXEMPTIONS (SECTION 18) REQUESTS DUE
     Cornell University specialists planning to request an 
Emergency Exemption, Section 18, for the 1990 growing season 
should complete their justification package and submit it to the 
Chemicals-Pesticides Program as soon as possible but no later than 
November 30, 1989.  It normally takes the Department of 
Environmental Conservation three to four months to respond to our 
request(s) and another month for EPA review and congressional 
interaction.  Specialists should contact our program if you need 
assistance in completing or developing a request.
     W. Smith, Chemicals-Pesticides Program 
VOLUNTARY EBDC ACTIONS NOTED; EPA FUTURE ACTIONS LIKELY TO BE MORE 
STRINGENT
     The voluntary suspension of about 80 uses of EBDC fungicide 
products by Rohm and Haas, Pennwalt and duPont is believed by the 
ETU Task Force to eliminate over 97% of EPA's estimated ETU (a 
metabolite of EBDC fungicides) oncogenic risk.  The voluntary 
action includes proposals from the companies, due this month, to 
reduce tolerances by possibly as much as 50%, to relabel to drop 
suspended uses by Jan. 2, cancellation of tolerances for suspended 
uses, and longer preharvest intervals (in some cases, 66 day PHI 
for grapes, for example.)  The voluntary action retained 13 uses.
     Mancozeb (Dithane) uses to be retained, according to the 
Alliance for Food and Fiber:  asparagus, bananas, cranberries, 
grapes, onions, peanuts, potatoes, sugarbeets, sweet corn, 
tomatoes and wheat .  The voluntarily suspended uses of the 
product, noted by the alliance:  apples, barley, cantaloupes, 
carrots, celery, corn, crabapples, cucumbers, fennel, melons, 
muskmelons, oats, papaya, pears, pineapples, quince, rye, squash 
and watermelons .
     The retained maneb uses listed by the alliance:  almonds, 
bananas, corn, potatoes, sugar beets and wheat.  Voluntarily 
suspended uses of the pesticide listed by the alliance:  beans 
(dry, snap, lima), cabbage, cantaloupe, cucumbers, lettuce, 
pineapple, squash and tomatoes.
     The registrants intend to reinstate the suspended uses if the 
results of a market basket survey indicate that this can be done 
without increasing the oncogenic risk above "negligible."  The 
suspension would last until completion of the market basket 
survey.  Preliminary results of the market basket survey are due 
at the end of this year, final results by the end of 1990, 
according to the three registrants.
     EPA's proposed regulatory decision, due in late October or 
November, might include cancellation of different uses than those 
voluntarily suspended because the agency wants to protect minor 
uses, an official said last week.  The agency's proposal "will be 
tougher" than the voluntary action, one EPA official said.   EPA's 
major EBDCs risk concern is to sensitive subpopulations, 
specifically, infants.  Another concern is residues of EBDCs on 
imports.  The voluntary action will allow use of the pesticides in 
the U.S. on winter vegetables for at least another use season.
     Based on the ETU Task Force's plan last month to retain 15 
uses of EBDCs, EPA calculated a one year incremental dietary 
oncogenic risk to non-nursing infants of 1.3 x 10-6, according to 
minutes of an Aug. 30 meeting among task force representatives and 
EPA officials.
     The National Food Processors Association said that its 
scientists and those of the registrants expect that the survey 
"will demonstrate that the actual levels (of EBDCs and ETU) are 10 
to 100 times less than the levels used by the EPA in its risk 
assessment. . . . The results of the survey, when used to 
recalculate risks, will probably result in several of the 
voluntarily dropped uses being restored."
     Commenting on the voluntary suspension actions, J. Lawrence 
Wilson, Chairman, Rohm and Haas Company said, "We have taken this 
action to spare the American consumer further trauma caused by the 
continuing debate over the safety of fresh fruits and vegetables."  
He said, "We will work vigorously to resolve the questions raised 
by the EPA in order to keep Dithane in the arsenal of crop 
protection products."
     Linda Fisher, EPA's Assistant Administrator for Pesticides 
and Toxic Substances, said the voluntary action was a "positive 
step."  She added that EPA might take "additional steps to reduce 
risk to an acceptable level."
     The Alliance for Food and Fiber, in a note to California 
retailers, said, "It is our observation that the chemical 
companies have sought to take the initiative away from the 
consumer activists and improve their public image in the process.  
This may be accomplished to a certain extent but the suspension 
likely will be seen and labeled by those groups as being insincere 
and inadequate because foreign imports will not be subjected to 
the same regulations as domestic production.  Thus food is not 
being made as safe as they insist it must become.  We expect 
activists to call for total elimination of EBDCs despite their 
lack of authoritative science to support such a call."
Table 1
PRELIMINARY
EBDC Individual Crop Risk Estimates
(ETU Dietary Oncogenic)
CROP             ONCOGENIC ETU RISKa     CROP   NCOGENIC ETU RISKa
PINEAPPLE          Can't be estimated    WATERMELON      .0 X 10-6
CRENSHAWS               <10 -10          STRAWBERRIES   1.0 X 10-6
HOPS                    <10 -10          CUCUMBERS      1.3 X 10-6
FENNEL                  9.6 X 10-10      MUSHROOMS      1.3 X 10-6
KUMQUAT                 1.1 X 10-9       SUGAR BEETS    1.4 X 10-6
ASPARAGUS               2.4 X 10-9       LEMON          1.4 X 10-6
RYE                     3.5 X 10-9       CABBAGE        1.5 X 10-6
PECANS                  4.0 X 10-9       BRUSSELS
ALMONDS                 7.3 X 10-9        SPROUTS       2.4 X 10-6
CASABA                  1.1 X 10-8       GRAPEFRUIT     2.4 X 10-6
FIGS                    1.5 x 10-8       NECTARINES     2.5 X 10-6
CRABAPPLES              2.4 X 10-8       CHERRIES       3.0 X 10-6
PUMPKIN                 3.3 X 10-8       BANANA         3.4 X 10-6
CURRANT/                                 PEAS           3.4 X 10-6
  GOOSEBERRIES          3.5 X 10-8       POTATOES       3.8 X 10-6
TANGELO                 4.3 X 10-8       GARDEN BEETS   4.4 X 10-6
OATS                    5.8 X 10-8       PEPPERS        4.5 X 10-6
LIMES                   6.2 X 10-8       LETTUCE        7.6 X 10-6
KOHLRABI                6.3 X 10-8       PEARS          8.7 X 10-6
COTTON                  6.4 X 10-8       PLUMS/PRUNES   1.1 X 10-5
EGGPLANT                7.3 X 10-8       APRICOTS       1.5 X 10-5
RADISHES                7.8 X 10-8       ONIONS         1.5 X 10-5
ENDIVE                  1.3 X 10-7       BROCCOLI       1.7 X 10-5
FIELD CORN              1.4 X 10-7       COLLARDS       1.8 X 10-5
TANGERINE               1.4 X 10-7       BEANS          1.9 X 10-5
PEANUTS                 1.6 X 10-7       MUSTARD GREENS 2.2 X 10-5
PAPAYAS                 1.8 X 10-7       ORANGE         2.2 X 10-5
CANEBERRIES             2.1 X 10-7       TURNIPS        2.3 X 10-5
WHEAT                   2.2 X 10-7       SPINACH        2.5 X 10-5
HONEYDEW                2.6 X 10-7       CARROTS        3.3 X 10-5
CAULIFLOWER             2.9 X 10-7       GRAPES         4.3 X 10-5
BARLEY                  3.3 X 10-7       TOMATOES       6.3 X 10-5
LIMA BEANS              6.6 X 10-7       CELERY         6.7 X 10-5
CRANBERRIES             4.0 X 10-7       PEACHES        8.0 X 10-5
SWISS CHARD             4.1 X 10-7       APPLES         1.5 X 10-4
SQUASH                  5.0 X 10-7
SWEET CORN              5.3 X 10-7       MEAT           1.8 X 10-6
                                         MILK (Local)   6.4 X 10-4 
RHUBARB                 6.5 X 10-7           (National) 3.0 X 10-6 
CANTALOUPE              7.2 X 10-7
KALE                    9.4 X 10-7
                                   TOTAL          6.9 X 10-4
_____
a  Estimates of ETU from use of nabam on agricultural crops has 
not been included because all agricultural uses have been 
suspended for several years and there is no known use; registrants 
have requested voluntary cancellation of all agricultural uses.
   Estimates of ETU from use of zineb on agricultural crops are 
included in these risk estimates. Since tabulation of this table, 
zineb registrants have requested voluntary cancellation of all 
agricultural uses.
     Pesticide & Toxic Chemical News, 9/13/89
EPA ISSUES STOP SALES, ASKS RECALLS OF BENOMYL (BENLATE), TERSAN 
BATCHES
     EPA last week issued stop sale orders and requested duPont to 
recall several batches of Benlate 50DF and Tersan l991DF after 
finding that the fungicides had been contaminated with atrazine at 
a contract formulator's plant.
     The stop sales also were issued to Platte Chemical, Fremont, 
Neb., described as the final packager and initial distributor of 
the products, and to Lesco, Inc., Rocky River, Ohio, the only non-
duPont primary distributor. The agency said the initial 
contamination occurred at Terra Chemicals International, 
Blytheville, Ark,
     Labels of Benlate affected bear the EPA registration number 
352-447 and of Tersan, 352-507.  Both list the establishment 
number 34704-NB-02, EPA said.
     The agency said the problem came to its attention through 
"numerous incidents of plant injury reported nationwide."
     Pesticide & Toxic Chemical News, 9/13/89
CARBOFURAN RISK REDUCTION PLAN OFFERED TO EPA BY FMC
     A carbofuran risk reduction plan, featuring cancellation of 
some uses and the use of a new $100 cut-off valve for planter 
boxes, has been proposed by FMC Corporation to EPA.  The EPA 
responded that exposure data based on use of the device would have 
to be examined before the agency could decide whether to delay a 
final decision on the pesticide and to allow for a 1990 FMC study 
of the effectiveness of the valve.
     The company's proposal included cancellation of these 12 
uses: tobacco, peanuts, soybeans, peppers, grapes, sugarcane, 
cotton, pineseedlings, cottonwood,  pineseed orchards and Siberian 
elm.
     The proposal's retained uses would have a maximum application 
rate of one pound per acre: cranberries, corn, sorghum, 
sugarbeets, rice, sunflowers, cucurbits, alfalfa, cannola, garlic 
and seed spinach. The minutes said, "Application would use the 
following methods: in-furrow incorporation, deep disk and T-band 
only (for corn)."
     The cut-off device would contain spillage of granular 
carbofuran at the ends of rows, the minutes said. They noted, 
"Preliminary indications show that approximately 90-98% of what 
had previously been spilled (6-15 lbs./100 acres), was saved by 
this new device.  Testing also indicated that the device will work 
in both sand and clay type soils, as well as on different models 
of planters."
     Pesticide & Toxic Chemical News, 9/13/89
EPA PROPOSES TOLERANCES FOR GLYPHOSATE (ROUNDUP) ON LEAFY 
VEGETABLES
     The Environmental Protection Agency (EPA) has published a 
proposed notice that would establish tolerances for the herbicide 
glyphosate (Roundup) and its metabolite in or on the raw 
agricultural commodity crop group Brassica (cole) leafy vegetables 
at 0.2 parts per million.  The Brassica  (cole) leafy vegetable 
group consists of the raw agricultural commodities, broccoli, 
Chinese broccoli, broccoli raab, Brussels sprouts, cabbage, 
Chinese cabbage, Chinese mustard cabbage, cauliflower, collards, 
kale, kohlrabi, mustard greens, and rape greens.
     The proposed petition was submitted to EPA by the IR-4 
Program.
     Federal Register, 9/6/89
TOLERANCE PROPOSED FOR OXAMYL (VYDATE) ON NON-BELL PEPPERS
     The IR-4  Program has submitted a petition to EPA  proposing 
that a pesticide tolerance be established for the insecticide 
oxamyl (Vydate) and its metabolite in or on non-bell peppers at 
5.0 parts per million.
     Federal Register, 9/1/89
PESTICIDE TOLERANCES ESTABLISHED FOR SETHOXYDIM (POAST)
     The EPA has established pesticide tolerances for the 
herbicide sethoxydim (Poast) and its metabolites in or on bulb 
vegetables at 1.0 part per million (ppm), pome fruits at 2.0 ppm, 
and the animal feed commodity apple pomace (wet and dry) at 0.8 
ppm.  The BASF Wyandotte Corp. requested these regulations.
     Federal Register, 9/1/89
EPA PROPOSES REVOCATION OF FEED ADDITIVE REGULATION FOR CAPTAN
     The EPA has proposed to revoke the feed additive tolerance 
for residues of the fungicide captan on corn seed remaining after 
detreatment to reduce residues resulting from the intended use of 
captan as a seed protectant.  Written comments will be accepted by 
the EPA until October 30, 1989.
     Federal Register, 10/30/89
EPA APPROVES NEW FUNGICIDE
     The EPA has granted pesticide registrations to Binab USA, 
Inc. for the pesticide products Binab T Pellets Biorational 
Fungicide and Binab T Wettable Powder Biorational Fungicide 
containing active ingredients not included in any previously 
registered products.  Both products contain the same active 
ingredients Trichoderma harzianum and Trichoderma polysporum.  
     The applications were approved for general use .  Binab T 
Pellets Biorational Fungicide is labelled for use on wooden 
utility poles, playground structures, and fence posts to control 
internal decay; Binab T Wettable Powder Biorational Fungicide  is 
labelled for use to control decay on pruning wounds of trees.
     NOTE:  Don't be surprised if you can't purchase the above 
products in New York State.  It takes the New York State 
Department of Environmental Conservation two years or more to 
process new registrations, unless they find "something," then  
they will delay registration for a longer period of time).
PESTICIDE  WASTE  AND  CONTAINER  DISPOSAL
     Pesticide waste and container disposal is regulated by the 
Environmental Protection Agency (EPA) and by individual state 
agencies such as the New York State Department of Environmental 
Conservation (DEC).
     The Resource Conservation and Recovery Act (RCRA) of 1976 was 
the first comprehensive federal legislation to deal with the 
hazardous chemical/waste issue.  Under RCRA's "imminent hazard" 
provision, the EPA may file suit against a company to force it to 
change the way it handles, shares, treats, and disposes of certain 
chemical wastes.
     Also, the EPA, through the 1988 amended Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), plans to establish 
requirements for storage, transportation and disposal of 
pesticides.  By December 1991, the EPA must promulgate final 
regulations for the design of pesticide containers that will 
promote safe storage and disposal.  The regulations must ensure 
that the container designs facilitate (1) residue removal; (2) 
safe use (e.g. no "splash back" or leakage); (3) disposal of 
containers; and (4) safe refill and reuse of containers.
     Pesticide use and disposal in New York State are regulated 
through Title 6 of the Official Compilation of Codes, Rules, and 
Regulations of the State of New York (6NYCRR).  Specifically, 
Parts 325.4, 325.5, 360, 364 and 370 through 374 of these 
regulations pertain to pesticide and container disposal.  Copies 
of these rules and regulations can be obtained from a regional DEC 
office. The best way to dispose of any pesticide is to use it 
legally.  Agricultural producers, including home gardeners, should 
only buy enough to use for one growing season.  Homeowners should 
take advantage of community-sponsored hazardous waste collection 
programs to dispose of unwanted chemicals.  Commercial pesticide 
applicators should dispose of large quantities of pesticide wastes 
in a secure, DEC permitted landfill.
     The following summary relating to pesticide waste and 
container disposal for pesticide applicators has been adapted from 
DEC Circular 865, Part 325, Rules and Regulations Relating to the 
Application of Pesticides (revised March 1986).
     Pesticide Containers
     (a)(1)  Empty noncombustible pesticide containers shall be 
cleansed before disposal using the three-rinse technique as 
defined in these regulations, except that  containers of ready-to-
use pesticides that do not require dilution must be drained only 
for one 30-second period.
     (b)  After rinsing in accordance with the techniques 
described in these regulations, empty noncombustible containers 
shall be disposed of as follows:
     (1)  nonreturnable containers may be disposed of on the 
property of the applicator in such a manner as to prevent 
contamination or in a sanitary landfill operating in accordance 
with DEC; and
     (2)  returnable containers shall be tightly closed to prevent 
leakage, the exterior cleaned and the containers returned to the 
supplier.
    (c)  Empty combustible containers of pesticides shall be 
disposed of as follows:
     (1)  in a sanitary landfill operating in accordance with DEC 
regulations;
     (2)  in a high temperature incinerator approved for such use 
by the department; or
     (3)  at the site of application, (except for containers of 
volatile hormone-type herbicides), and if these containers are so 
destroyed by the end of the day on which they are emptied.  
Burning shall be done in accordance with the Public Health and 
Environmental Conservation Laws and the rules and regulations 
existing for those laws.  Empty containers of volatile hormone-
type herbicides shall be disposed of either in a sanitary landfill 
operating in accordance with DEC regulations or on the property of 
the applicator in such manner as to prevent contamination.
     Pesticide Waste
     (d)(1)  Unwanted or unusable pesticides in total quantities 
per calendar year of 10 pounds or less of dry material (active 
ingredient) or five gallons or less of total liquid may be 
disposed of by burial with at least 18 inches of compacted cover 
in a manner and at a location such that ground or surface water 
will not be contaminated.  However, no more than 1 kg 
(approximately 2.2 pounds or one quart) total quantity, per 
calendar year, of pesticides listed as acute hazardous waste in 
section 371.4(d)(5) of Title 6 (6NYCRR) may be buried, and no 
pesticide wastes shall be buried if the label prohibits such 
burial.
       (2)  Unwanted or unusable pesticides in total quantities 
per calendar year greater than 10 pounds active ingredient of dry 
material or five gallons of total liquid, or greater than 1 kg 
(approximately 2.2 pounds or one quart) of pesticides listed in 
section 371.4(d)(5) of this Title, and any quantity of waste 
pesticide whose label prohibits burial, shall be disposed of by:
       (i)  returning to the supplier; or
      (ii)  by disposal at a hazardous waste facility approved for 
this use by the DEC and the United States Environmental Protection 
Agency, or for an out-of-state facility, by USEPA and the 
appropriate State  agency; or
       (iii) by consignment to a pesticide clean-up day approved 
pursuant to section 360.1(f)(1)(xii) or 373-1.1(d)(1)(xviii) of 
this Title, provided that requirements of sections 
364.1(e)(2)(xviii) and 372.1(e)(3)(iv) are  also met.
WGS: 9/89


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