PMEP Home Page-->Chem-News-->Chem-News Archive: 1991-->Chem-News July 1991

Chem-News July 1991

DATE:       July 1991
TO:         Those Interested in Pesticide Information
FROM:       William G. Smith, Senior Extension Associate
                                   INDEX
                                                                      .  Page
DEC Renews SLN 24(C) Labels For Aerial Application........................1
Reregistration Notification Network.......................................2
Pesticide Tolerance Established For Clofentezine (Apollo).................2
Gibberellins Exempt From Tolerance Requirement............................3
Pesticide Reregistration Eligibility Documents;Availability And Comments. 3
Pesticide Product Applications Received By EPA............................4
Wetlands Defined in EPA Letter............................................5
Labels Require Certified Applicators To Be Present........................6
EPA Issues Policy On Sale, Use Of Existing Stocks.........................6
Supreme Court Says Communities Can Go Beyond FIFRA........................7
Final Pesticides In Groundwater Strategy To Clear OMB Soon................8
Bill To Ban Hazardous Pesticides Is Introduced In Senate..................9
Use Blood, Not Fat........................................................9
Pesticide Briefs.........................................................10
                         * * * * * * * * * * * * * * * *
                 DEC RENEWS SLN 24(C) LABELS FOR AERIAL APPLICATION
     The New York State Department of Environmental Conservation has reviewed 
and renewed the FIFRA Section 24(C) Special Local Need Registrations for the 
use of Rovral Fungicide (EPA Reg. No. 264-453) and Rovral 4 Flowable (EPA Reg. 
No. 264-482) to be applied by aerial application to onions under the SLN Nos. 
NY-900003 and NY-900004.
     This is to notify you that the registrations for both of these SLN's have 
been renewed for the 1991 growing season and will expire on September 30, 
1991. For any renewal beyond September 30, 1991, you must submit:  1) 
information on the progress toward federal registration of the aerial use 
pattern for Rovral and 2) a demonstration, supported by Cornell University, 
that the special local need still exists.
     -- Marilyn M. DuBois, Director, Bureau of Pesticide Management, NYSDEC
                       REREGISTRATION NOTIFICATION NETWORK
2,4-d + N-Oleyl-1,3-Propylenediamine Salt of 2,4-D
     ISK Biotech Corp. has announced that it plans to voluntarily cancel uses 
of the following herbicide that contains the active ingredient 2,4-D + N-
oleyl-1,3-propylenediamine salt of 2,4-D.
Product                                Uses
DACAMINE 4D                            ALL CROPS AND SITES  (Includes: rice,
                                       wheat, corn, turf, sugarcane, forage
                                       crops, pear and apple orchards).
     These uses are being dropped because of data development cost for 
reregistration.
     For additional information contact Mr. Michael A. Peplowski, Manager, 
Product Registrations, ISK Biotech, 5966 Heisley Road, Mentor, OH 44060 (tel 
216-357-4149; fax 216-354-9506) or the USDA National Agricultural Pesticide 
Impact Assessment Program at 800-262-0216.
     -- USDA Reregistration Network
          PESTICIDE TOLERANCE ESTABLISHED FOR CLOFENTEZINE (APOLLO)
     This rule establishes a tolerance for residues of the insecticide 
clofentezine (3,6-bis(2-chlorophenyl)1,2,4,5-tetrazine) in or on apricots and 
cherries at l.0 part per million (ppm) each. The tolerance was requested by 
Nor-Am Chemical Co. and establishes the maximum permissible level for residues 
of the insecticide in or on stone fruits.
     In the Federal Register of May 9, 1990 (55 FR 19320), EPA issued a notice 
which announced that Nor-Am Chemical Co., P.O. Box 7495, 3509 Silverside Rd., 
Wilmington, DE 19803, had submitted a pesticide petition (PP 9F3799) to EPA 
proposing to amend 40 CFR part 180 by establishing a tolerance for residues of 
the insecticide clofentezine ([3,6-bis(2-chlorophenyl)-1,2,4,5-tetrazine]) in 
or on stone fruits at 1.0 ppm each.
     There were no comments or requests for referral to an advisory committee 
received in response to the notice of filing.  The petition was subsequently 
amended on August 24, 1990, by revising the proposal for stone fruits to 
specify apricots and cherries only. A conditional registration for use of 
clofentezine on apricots and cherries is being issued concurrently. The 
conditional registration will automatically expire on September 30, 1993. The 
Agency has reviewed avian reproduction studies and found them to be deficient. 
The Agency is requiring that the avian reproduction studies be repeated. The 
chronic risks of clofentezine to avian species cannot be fully evaluated until 
new avian reproduction studies are submitted and reviewed by the Agency. 
However, because of the relatively low exposure rate and duration (only a 
single application is allowed), its low acute toxicity to birds and low acute 
and chronic toxicity to mammals, the Agency believes that the potential 
chronic effects to avian species which may occur during the conditional 
registration period would not be significant. The Agency has also identified 
two aquatic studies, an aquatic invertebrate life-cycle study and fish life-
cycle study that are needed to fully evaluate the potential chronic toxicity 
of clofentezine to aquatic organisms based on its ovicidal mode of action. Due 
to the rapid hydrolysis of the compound, the Agency does not expect chronic 
exposures to occur to aquatic animals. However, since transient exposures to 
reproducing adults, eggs, or developing embryos from clofentezine could cause 
some effects, the Agency is requiring the above studies.
     The Agency is requiring the restricted-use classification for 
clofentezine as a prudent measure in the absence of data to fully evaluate the 
chronic toxicity of clofentezine to aquatic and avian organisms. After the 
data described above have been submitted and evaluated, the Agency will 
determine if a continued restricted use classification is warranted for 
clofentezine.
     -- Federal Register / Vol. 56 No. 113 /  June 12, 1991 
              GIBBERELLINS EXEMPT FROM TOLERANCE REQUIREMENT
     This rule, as announced by EPA, establishes an exemption from the 
requirement of a tolerance for residues of the class of biochemical plant 
growth regulators known as gibberellins when used in or on certain raw 
agricultural commodities (RACs).  Gibberellins are exempt from a tolerance 
when applied to growing crops at a rate of less than 20 grams of active 
ingredient per acre (20 g ai/A) per application. This regulation was requested 
by Abbott Laboratories.
     Gibberellins, classified as a biochemical pesticide according to 
Pesticide Assessment Guidelines Subdivision M, are naturally occurring 
compounds produced by plants and several species of fungi. Based on the low-
volume use pattern, applicator exposure will be minute; therefore, adverse 
human effects are highly unlikely. Gibberellins are not expected to present an 
unacceptable hazard to humans, fish, and wildlife, or the environment.
     Gibberellins (GA3) are exempted from the requirement of a tolerance when 
used as a plant growth regulator at application rates less than 20 grams of 
active ingredient per acre (20 g ai/A) in or on the following raw agricultural 
commodities: Barley, beans, beets (sugar), broccoli, Brussels sprouts, 
cabbage, cauliflower, corn (field, sweet, and popcorn), cotton, cucumber, 
grapefruit, lemons, lettuce, melons, mint (peppermint and spearmint), mustard 
greens, oats, onions, oranges, peanuts, peppers, potatoes, rice, rye, sorghum 
(milo), soybeans, spinach, squash, strawberries, sugarcane, tomatoes, turnips, 
and wheat.
     -- Federal Register / Vol. 56 No. 113 /  June 12, 1991 
                    PESTICIDE REREGISTRATION ELIGIBILITY DOCUMENTS; 
                             AVAILABILITY AND COMMENTS
Fosetyl-Al (Aliette)
     This notice announces the availability of the final Reregistration 
Eligibility Document (RED) for fosetyl-Al and the establishment of a public 
comment period. The RED is the Agency's formal regulatory assessment of the 
health and environmental database of the subject chemical and presents the 
Agency's determination regarding which uses of fosetyl-AI are eligible for 
reregistration.
     This RED is one of the first completed by the Agency. Under the 
provisions of the Federal Insecticide. Fungicide and Rodenticide Act, as 
amended in 1988, EPA is conducting an accelerated reregistration program to 
reevaluate most existing pesticides to make sure they meet current scientific 
and regulatory standards.
     Fosetyl-AI has a complete database, and the Agency has determined that 
the registered uses do not cause unreasonable adverse effects to people or the 
environment. All registered uses of fosetyl-AI are eligible for 
reregistration. All registrants of fosetyl-Al have been sent the RED and must 
respond to the labeling requirements within eight months of receipt. No 
additional data are being required. The 60 day public comment period does not 
affect the registrant's response due date. 
     -- Federal Register/ Vol.56. No.113/ June 12, 1991
Heliothis zea (NPV)
     This notice announces the availability of the final Reregistration 
Eligibility Document (RED) for Heliothis zea (NPV) and the establishment of a 
public comment period. The RED is the Agency's formal regulatory assessment of 
the health and environmental data base of the subject chemical and presents 
the Agency's determination regarding which uses of Heliothis zea (NPV) are 
eligible for reregistration.
     This RED and the one for fosetyl-Al are the first two RED's completed by 
the Agency. Under the provisions of the Federal Insecticide, Fungicide and 
Rodenticide Act, as amended in 1988, EPA is conducting an accelerated 
reregistration program to reevaluate most existing pesticides to make sure 
they meet current scientific and regulatory standards.
     Heliothis zea (NPV) has a complete database  and the Agency has 
determined that the registered uses do not cause unreasonable adverse effects 
to people or the environment. All registered uses of Heliothis zea (NPV) are 
eligible for reregistration. All registrants of Heliothis zea (NPV) have been 
sent the RED and must respond to the labeling requirements within eight months 
of receipt. No additional data are being required. The 60-day public comment 
period does not affect the registrant's response due date.
     -- Federal Register/ Vol.56. No.113/ June 12, 1991
Methoprene (Altosid, Precor)
     This notice announces the availability of the final Reregistration 
Eligibility Document (RED) for methoprene and the establishment of a public 
comment period. 
     The Agency has issued a final Reregistration Eligibility Document for 
methoprene. Under the provisions of the Federal Insecticide, Fungicide and 
Rodenticide Act, as amended in 1988, EPA is conducting an accelerated 
reregistration program to reevaluate most existing pesticides to make sure 
they meet current scientific and regulatory standards. The database to support 
the reregistration of methoprene is substantially complete and is sufficient 
to allow the Agency to conduct a reasonable risk assessment for most 
registered uses of methoprene. However, two generic data requirements are 
being levied: Octanol/water partition coefficient and an estuarine 
invertebrate life cycle study. Although the former study is not critical to 
the reregistration decision or environmental assessment of methoprene at this 
time, the Agency is requiring these data to satisfy this gap in the product 
chemistry database for methoprene. The latter study is needed to assess the 
long term exposure to estuarine invertebrates.
     Although there is concern for the long term exposure to estuarine 
invertebrates, the Agency has determined that the reregistration of methoprene 
can proceed at this time because most of the uses for methoprene do not 
involve significant exposure to estuarine invertebrates. Only the use as a 
briquette (slow release) formulation raises a concern. The other aquatic 
formulations are not expected to result in significant exposure because 
methoprene is short lived in the aquatic environment and does not have a high 
potential for bioaccumulation. The estuarine invertebrate life cycle study is 
required to confirm whether or not the estimated exposure from the briquette 
formulation is sufficient to pose an adverse effect on estuarine 
invertebrates. EPA has determined that all products containing methoprene as 
an active ingredient are eligible for reregistration except the briquette 
formulation which will be considered for reregistration once the data 
requested are submitted, reviewed, and determined to cause no unreasonable 
risk to nontarget organisms, specifically estuarine invertebrates.
     All registrants of methoprene have been sent the RED and must respond to 
the product specific data and labeling requirements within eight months of 
receipt. 
     The docket number for methoprene is "OPP-34014". Technical questions 
concerning the RED should be directed to Ms. Karen Samek at EPA. To request a 
copy of the Reregistration Eligibility Document or a RED Fact Sheet for 
methoprene, contact the Public Information Branch, (703-557-2805). Requests 
should be submitted in time to allow sufficient time for receipt before the 
close of the comment period.
     -- Federal Register/ Vol.56. No.113/ June 12, 1991
              PESTICIDE PRODUCT APPLICATIONS RECEIVED BY EPA
     The EPA has received the following applications to register pesticide 
products containing active ingredients not included in any previously 
registered products pursuant to the provisions of section 3(C)(14) of FIFRA.  
Note: receipt of these applications does not imply a decision by the Agency on 
the Applications.
     1. File Symbol: 64137-E. Applicant: Kemira Oy, Porkkalankatu 3, PO Box 
330,00101 Helsinki, Finland. Product name: Mycostop Biofungicide. Fungicide. 
Active ingredient: Dried spores and mycelium of ray fungus (Streptomyces 
griseoviridis) at 30 percent. Proposed classification/Use: General. To be used 
on vegetable crops grown in greenhouses or fields. (PM 21)
     2. File Symbol: 634137-R. Applicant: Kemira Oy. Product name: Mycostop 
Biofungicide. Fungicide. Active ingredient: Dried spores and mycelium of ray 
fungus (Streptomyces griseoviridis) at 30 percent. Proposed 
classification/Use: General. For Repackaging use only. (PM 21)
     3. File Symbol: 64137-R Applicant: Kemira Oy. Product name: Mycostop 
Biofungicide. Fungicide. Active ingredient: Dried spores and mycelium of ray 
fungus (Streptomyces griseoviridis) at 30 percent. Proposed 
classification/Use: General. For the control of seed rot, root and stem, and 
wilt diseases caused by fusarium in agronomic crops such as cotton, corn. 
soybeans, wheat, sorghum, beans, and peas. (PM 21)
     4. File Symbol: 64137-R. Applicant Kemira Oy, Porkkalankatu 3, PO Box 
330, 00101 Helsinki, Finland. Product name: Mycostop Biofungicide. Fungicide. 
Active ingredient: Dried spores and mycelium of ray fungus (Streptomyces 
griseoviridis) at 30 percent. Proposed classification/Use:  General. For the 
control of seed rot, root and stem rot, and wilt diseases of ornamental crops 
caused by fusarium and alternaria, and also controls botrytis on certain 
greenhouse ornamentals. (PM 21)
     5. File Symbol: 7501-RUU. Applicant: Gustafson, Inc., PO Box 660065. 
Dallas, TX 75266-0065. Product name: Gus 2000 Concentrate. Biological 
Fungicide. Active ingredient: Bacillus subtilis (not less than 5.5 X 1010 
viable spores per gram) at 2.75 percent. Proposed classification/Use: General. 
For seed treatment on all crops. (PM 21)
     Notice of approval or denial of an application to register a pesticide 
product will be announced in the Federal Register. The procedure for 
requesting data will be given in the Federal Register if an application is 
approved.
     -- Federal Register / Vol. 56, No. 127 / Tuesday, July 2, 1991
                         WETLANDS DEFINED IN EPA LETTER
April 26, 1991
Ms . Bonnie Poli
National Program Leader 
Pesticide Education 
Extension Service
U. S. Department of Agriculture
Washington, D.C. 20250-0900
Dear Ms. Poli:
     Thank you for your letter of September 7, 1990 in which you asked about 
the meaning of the term "wetlands" as it appears in the environmental hazard 
warning of many pesticide labels.
     I am pleased to inform you that the Office of Pesticide Programs, the 
Office of Compliance Monitoring and the Office of Wetlands Protection have 
just issued a joint memorandum to the EPA Regions providing guidance on this 
issue. A copy of that memorandum and supporting information is being sent to 
you under separate cover. All states, affected industry groups and interested 
organizations are being given the same package.
     The EPA memorandum indicates that the term "wetlands" on pesticide 
labeling has a narrower meaning than the definition given in The Federal 
Manual for Identifying and Delineating Jurisdictional Wetlands. The memorandum 
states that pesticides bearing a wetlands warning must not be applied directly 
to water, to areas where surface water is present or to intertidal areas below 
the mean high water mark. For enforcement purposes, EPA will presume that when 
pesticides bearing this warning are found in water or in areas where surface 
water is present or in intertidal areas below the mean high water mark, this 
indicates a "use inconsistent with labeling" (i.e., misuse).
     From now on, EPA will not allow the term "wetlands" to appear on the 
labels of newly registered, reregistered or amended products. Instead, EPA 
will use the statement: "Do not apply directly to water, or to areas where 
surface water is present or to intertidal areas below the mean high water 
mark." However, "wetlands" will remain on the labels of currently registered 
products until EPA adopts a long-term solution as to what statement would be 
most effective for protecting wetlands. Toward this end, EPA has formed a 
Wetlands Pesticide Labeling Committee with representation from EPA and other 
agencies to study the wetlands/pesticides issues, to evaluate EPA's risk 
assessment methodology and to develop better labeling statements.
     I hope that this response is timely and helpful. If you have any 
questions or comments, you may contact John T. Goodin, Office of Wetlands 
Protection (202-475-7799), Harry A. Winnik, Office of Pesticide Programs (557-
7463) or Phyllis Flaherty, Office of Compliance Monitoring (202-308-8383).
                                    Sincerely,
                                    Stephanie R. Irene
                                    for:  Anne E. Lindsay, Director
                                    Registration Division
     -- Bonnie Poli, Extension Service Update, USDA, May 17, 1991
           LABELS REQUIRE CERTIFIED APPLICATORS TO BE PRESENT
     Patrick Marer, Pesticide Training Coordinator for California, recently 
pointed out that there are five pesticide labels that are requiring "direct 
supervision" by a certified applicator apparently due to an attempt to meet 
the upcoming revisions of CFR 171.  The pesticides are: Methyl Parathion, 
Ethyl Parathion, Aluminum Phosphide, Metasystox-R and Mevinphos.  The 
California Department of Agriculture has decided to actively enforce the label 
statement as it appears below:
                         Restricted Use Pesticide
                Due to very high acute toxicity to Humans and Birds
        For retail sale to and use only by certified applicator or persons
      under their direct supervision and only for those uses covered by the
    certified applicator's certification.  Direct supervision for this product
      is defined as the certified applicator being physically present during
         application, mixing, loading, repair and cleaning of application
       equipment.  Commercial certified applicators must also ensure that all
       persons involved in these activities are informed of the precautionary
                                 statements.
     -- Bonnie Poli, Extension Service Update, USDA, May 17, 1991 
             EPA ISSUES POLICY ON SALE, USE OF EXISTING STOCKS
     The EPA has published in the June 26, 1991 Federal Register an "Existing 
Stocks of Pesticide Products; Statement of Policy" notice. 
     In general, the policy says, pesticide product cancellations involving 
significant risk concerns will have existing stocks decisions made on a case-
by-case basis. It says the agency will not allow continued sale, distribution 
or use of existing stocks of a cancelled pesticide with significant risk 
concerns unless the benefits associated with such sale, distribution or use 
exceed the risks.  The policy also provides for sale, distribution and use of 
existing stocks of pesticides cancelled because of a failure to comply with a 
registration obligation.
     "Where there are no significant risk concerns associated with the 
cancellation of a pesticide (i.e. voluntary cancellation by the registrant), 
the agency will generally allow unlimited use of existing stocks and unlimited 
sale by persons other than the registrant. A registrant will generally be 
allowed to continue to sell existing stocks for one year after the date of 
cancellation is requested, or one year after the date the registrant has 
ceased to comply with the responsibilities that are placed upon registrants, 
whichever date is sooner."
     Where a pesticide is suspended because of an imminent hazard, EPA will 
apply the policies applicable to cancellations where the Agency has identified 
significant risk concerns.  The Agency is highly unlikely to allow significant 
sale, distribution, or use of pesticides suspended because of imminent hazard 
concerns.
     Where a pesticide is suspended because of failure to comply with the 
provisions of a data call-in or registration requirement, the Agency will 
generally not allow the registrant to sell or distribute any existing stocks 
during the pendency of the suspension.  The Agency does not anticipate 
generally placing restrictions on the sale, distribution, or use of existing 
stocks by persons other than the registrant where a pesticide is suspended 
because of failure to comply with the provisions of a data call-in or 
registration requirement unless risk concerns were identified.
 
     The comment deadline is August 26, 1991. Comments may result in 
revisions, the EPA notice said. It also stated that the "policies in the 
policy" are currently in effect but that:
     "This policy will be implemented on the date of publication of this 
notice. Because registrants were unaware of the policies contained in this 
notice, the agency has decided to provide a 6-month 'grace period' before 
certain aspects of this policy become fully effective. Specifically, in cases 
where the agency has not identified any significant risk concerns, the agency 
will allow registrants of products cancelled on or before Dec. 26, 1991, to 
continue to sell or distribute existing stocks at least until Dec. 26, 1991, 
notwithstanding the fact that application of the policies set forth in this 
statement might result in a shorter existing stocks period or an outright 
prohibition against the sale or distribution by the registrant of any existing 
stocks."
     -- Federal Register/ Vol. 56, No. 123/ June 26, 1991
            SUPREME COURT SAYS COMMUNITIES CAN GO BEYOND FIFRA
     The U.S. Supreme Court ruled unanimously on June 21, 1991 that local 
governments can go beyond FIFRA in regulating the use of pesticides within 
their boundaries.
     At issue was the case involving Wisconsin Public Intervenor, et al. v. 
Ralph Mortier, et al. and whether the Wisconsin town of Casey could enforce an 
ordinance that went beyond the 1972 FIFRA law -- specifically, whether it 
could block Ralph Mortier from aerially spraying his land and restrict his 
ground applications.
     Farmers, ranchers, utilities and rail lines had all argued that FIFRA 
should supersede local regulations. An amicus curiae brief filed by the 
American Farm Bureau Federation, for example, argued that if each local entity 
was allowed to enact ordinances similar to the Casey regulations, "there would 
no longer be any need for FIFRA or state pesticide laws" and "there would be 
regulatory chaos from one jurisdiction to another."
     A county court had agreed with Mortier that FIFRA preempted local 
regulations. The Wisconsin Supreme Court affirmed the decision, ruling FIFRA 
preempted Casey's ordinance because FIFRA's text and legislative history 
demonstrated "a clearly manifest congressional attempt to prohibit any 
regulation of pesticides by local units of government."
     The U.S. Supreme Court, however, said FIFRA does not preempt the town's 
ordinance either explicitly, implicitly or by virtue of an actual conflict.
     Justice Byron R. White, the decision's author, said "that even when 
considered together, the language and legislative materials relied on ... are 
insufficient to demonstrate the necessary congressional attempt to preempt. As 
for the statutory language, it is wholly inadequate to convey and express 
preemptive attempt on its own. Section 136v plainly authorizes the 'states' to 
regulate pesticides and just as plainly is silent with reference to local 
governments. Mere silence, in this context, cannot suffice to establish a 
'clear and manifest purpose' to preempt local authority."
     "Even if FIFRA's express grant of regulatory authority to the states 
could not be read as applying to municipalities, it would not follow that 
municipalities were left with no regulatory authority," he said.
     The ruling said the legislative history is ambiguous because there was 
disagreement between the responsible congressional committees on whether a 
provision that became 136v preempted local regulation.
     White said that, properly read, FIFRA's language tilts in favor of local 
regulation. "The exclusion of political subdivisions cannot be inferred from 
the express authorization to the 'state(s)' because political subdivisions are 
components of the very entity the statute empowers. Indeed, the more plausible 
reading of FIFRA's authorization to the states leaves the allocation of 
regulatory authority to the 'absolute discretion' of the states themselves, 
including the option of leaving local regulation of pesticides in the hands of 
local authorities."
     White said FIFRA gives the federal government jurisdiction over the 
registration and labeling of pesticides, but nonetheless leaves substantial 
portions of the field vacant, including the area at issue in this case.
     "FIFRA nowhere seeks to establish an affirmative permit scheme for the 
actual use of pesticides, White wrote; it certainly does not equate 
registration and labeling requirements with a general approval to apply 
pesticides throughout the nation without regard to regional and local factors 
like climate, population, geography and water supply."
     "Whatever else FIFRA may supplant, it does not occupy the field of 
pesticide regulation in general or the area of local use permitting in 
particular," he said.
     Thus, the ruling said, 136v acts "to ensure that the states could 
continue to regulate use and sales even where, such as with regard to the 
banning of mislabeled products, a narrow preemptive overlap might occur.
     White said that contrary to Mortier's arguments, FIFRA "implies a 
regulatory partnership between federal, state and local governments." He said 
FIFRA does not suggest that any goal of coordination precludes local use 
ordinances "because they were enacted independent of specific state or federal 
oversight." He said FIFRA provides even less indication "that local ordinances 
must yield to statutory purposes of promoting technical expertise or 
maintaining unfettered interstate commerce."
     "Mortier nonetheless asserts that local ordinances necessarily rest on 
insufficient expertise and burden commerce by allowing, among other things, 
large-scale crop infestation, White said. "As with the specter of the gypsy 
moth, Congress is free to find that local regulation does wreak such havoc and 
enact legislation with the purpose of preventing it. We are satisfied, 
however, that Congress has not done so yet."
     -- Pesticide & Toxic Chemical News, June 26, 1991
         FINAL PESTICIDES IN GROUNDWATER STRATEGY TO CLEAR OMB SOON
     The EPA strategy on pesticides in groundwater, under development since 
1986, could be released by the White House Office of Management and Budget 
(OMB) "any day now," EPA officials told a forum on pesticide and wetlands 
issues held in Arlington, Va.
     The strategy will rely on using state management plans, to be approved by 
EPA after the agency identifies pesticides that are likely to contaminate 
ground water, Lewis Crampton, associate administrator, EPA's Office of 
Communications and Public Affairs told the forum, sponsored by the Golf Course 
Superintendents Association of America (GCSAA). State plans "can be tailored 
to local conditions of pesticide use, agricultural practices and ground water 
vulnerability," according to an update Crampton presented to the conference. 
Crampton and Cathy Kronopolus, environmental protection specialist, Regional 
Operations Branch, EPA's Office of Pesticide Programs, indicated that the 
Office of Management and Budget (OMB) preferred to see fewer restrictions on 
the applications of pesticides in the final policy. However, Crampton said "we 
feel it is a good compromise" and expressed confidence that OMB would release 
the strategy.
     There will be no comment period on the policy once EPA issues it; rather, 
they said, states will be asked to submit management plans after EPA 
identifies ground-water leaching pesticides. The state management plan 
approach is designed to prevent pesticides from being banned nationwide and 
identify chemicals that are leaching into groundwater, according to officials.
     Kronopolus said EPA "knows of at least six chemicals that are leaching." 
She said EPA, which is providing grants to states to devise management plans, 
will not expect plans until the agency identifies pesticides for which 
management programs must be developed. The strategy will be issued with 
guidance outlining what states must have in the plans they submit to EPA, 
Kronopolus said.
     The guidance to states, which she said could be issued in late August, 
will require plans to have 12 components. These include a statement of the 
state's philosophy toward protecting groundwater, its legal authority, actions 
to prevent leaching, how it willwill involve and inform the public, monitoring 
enforcement efforts and how the state will respond to detections of pesticides 
in groundwater. Variability of aquifer use, value and sensitivity must be 
accounted for in each state plan.
     -- Pesticide & Toxic Chemical News, June 26, 1991
          BILL TO BAN HAZARDOUS PESTICIDES IS INTRODUCED IN SENATE
     Three senators have introduced a bill (S 1353) that would amend FIFRA by 
putting the burden of proving registered pesticides to be safe on registrants 
and giving EPA added powers to remove or suspend marketed products. The bill 
would also expand the term "environment" to consider the special needs of 
children and "other population subgroups," as well as allowing EPA to issue 
new neurotoxicity guidelines.
     The measure was introduced on June 21, 1991 by Sen. Lieberman (D-Conn.), 
Sen. Reid (D-Nev.), chairman of the Senate Environment/Public Works 
Subcommittee on Toxic Substances, Environmental Oversight, Research and 
Development, and Sen. Durenberger (R-Minn.).
     Called the Pesticide Health and Safety Act of 1991, the measure follows a 
series of hearings Reid held on Alar, pesticides in the food supply and those 
used in lawn care. The measure "is almost identical" to a bill the senators 
introduced in the last Congress, Reid said in a floor speech. Lieberman said, 
"What we heard during those hearings was unsettling in terms of the length of 
time it takes the (EPA) to cancel a dangerous pesticide, ' Lieberman, a member 
of the subcommittee, said in a June 21, 1991 floor speech. "We have found that 
it often takes EPA 15-20 years to remove a dangerous pesticide from the 
market." 
     -- Pesticide & Toxic Chemical News, June 26, 1991
                            USE BLOOD, NOT FAT
     In 1967, the National Human Adipose Tissue Survey (NHATS) was established 
to monitor certain toxicants in fat from cadavers and surgery patients.  Over 
the past 20 years, pathologists and medical examiners from 47 urban areas 
collected roughly 12,000 fat samples for NHATS. The program proved useful:  
First, it documented widespread prevalence of pesticide exposure in the 
population; later it showed that reduced use of polychlorinated biphenyls 
(PCBs), DDT, and dieldrin was followed by lower tissue levels of these 
compounds.
     Today, collection and analysis of human tissues remains critically 
necessary for determining the potential health risk from exposure to 
toxicants, but NHATS itself "is out of date and only partially fulfills its 
objectives," according to a new report from the National Research Council.
     Instead, said a select committee appointed to review NHATS, the survey 
should be dismantled and reconstructed into an improved program that monitors 
blood instead of fat. A program based on blood samples would allow researchers 
to study a broader cross-section of the population and a wider range of 
chemicals at lower cost.
     Because of new trends in environmental exposure, advances in analytic 
chemistry, better equipment, and the phasing out of DDT and similar chemicals, 
blood has become the tissue of choice for monitoring human exposure to toxic 
substances.
     What are the advantages? Blood samples are easier to obtain and can be 
collected less invasively than fat tissue.  Further, because blood reflects 
more recent exposures, studies could focus on volatile organic chemicals, such 
as benzene and trichloroethylene, as well as lead, cadmium, or arsenic. What's 
more, a blood sampling program could encompass a more representative sample of 
the US population. A major deficiency of NHATS is that most fat samples came 
from autopsied cadavers at urban hospitals, leaving rural and healthy 
populations underrepresented. Because blood would be taken from living donors, 
the program would also allow researchers to interview the donors.
     To make the program as useful as possible, said the committee, it should 
also collect such specimens as lean tissue, hair, urine, and other biological 
fluids. All samples should be accompanied by information on demographics, 
illness, known occupational exposure, or other major exposure to chemicals.
     A good model for the new program, said the committee, is the National 
Health and Nutrition Examination Survey (NHANES), run by the National Center 
for Health Statistics. NHANES collects and analyzes blood samples from a 
cross-section of the US population to develop statistical information on a 
wide range of health issues. But, said the committee, because the two programs 
have significant differences in objectives, they should not be combined.
     Finally, the committee recommended funding the program at a minimum of $3 
million per year, which would be barely adequate to keep it in long-term 
existence. A clear decision to end the program, said the committee, would be 
better than seriously inadequate support.  For a copy of the report ($29 
prepaid), contact: National Academy Press, 2001 Wisconsin Ave. NW, Harris 
Bldg. Rm 384, Washington, DC  20418; (202) 334-3313. For more on the study, 
contact:  John C. Bailar II, McGill University School of Medicine, Montreal, 
(202) 472-5584 or (514) 398-6041.
     --Health & Environment Digest, Vol. 5, No. 6, July 1991
                              PESTICIDE BRIEFS
ORGANIC INSECTICIDAL SOAP recalled by Ortho Consumer Products, division of 
Chevron Chemical, after a single batch (about 67,000 bottles) was discovered, 
the company said, to have been contaminated with the herbicide oxyfluorfen 
(Goal) during manufacture at the company's Fort Madison, Ia., plant.  The 
recall phone number for collect calls was listed as (414) 842-2334.
     -- Pesticide & Toxic Chemical News, July 10, 1991
Propiconazole (Tilt)
     The following tolerances for residues of the fungicide propiconazole 
(Tilt) have been extended by EPA until June 21, 1993:
     10.0 p.p.m. in or on grass seed screenings; 5.0 p.p.m. in or on grass 
hay; 2.0 p.p.m. in kidney and liver of cattle, goats, hogs, horses and sheep; 
and 0.5 p.p.m. in or on grass forage.  In originally setting these tolerances, 
EPA asked for additional data submission from the petitioner, Ciba-Geigy.
     -- Pesticide & Toxic Chemical News, July 10, 1991
WGS/7/91


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