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Desmedipham (Betanex)
EPA Letter - Specific Exemption Request (Section 18) Approval 5/03




UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460


OFFICE OF
PREVENTION, PESTICIDES AND
TOXIC SUBSTANCES

New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials
Bureau of Pesticides Management
625 Broadway
Albany, NY 12233-7250

ATTN: Maureen Serafini

Effective: May 15, 2003
Expires: August 15, 2003
File symbol: 03-NY-04


The Environmental Protection Agency (EPA) hereby grants a specific exemption under the provisions of section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, to the New York State Department of Environmental Conservation for the use of desmedipham on red (table) beets to control several important broadleaf weeds, including hairy galinsoga, common ragweed, redroot pigweed, common lambsquarters, velvetleaf, nightshade spp. and wild mustard. This specific exemption is subject to the conditions and restrictions set forth in your application, as well as the following:

1. The New York State Department of Environmental Conservation is responsible for ensuring that all provisions of this specific exemption are met. It is also responsible for providing information in accordance with 40 CFR 166.32(b). This information must be submitted to EPA headquarters and the EPA regional office within six months of the expiration date of this exemption. In accordance with 40 CFR 166.32(a) these offices shall also be immediately informed of any adverse effects resulting from the use of this pesticide in connection with this exemption..

ANY FUTURE CORRESPONDENCE IN CONNECTION WITH THIS EXEMPTION MUST REFER TO FILE SYMBOL: 03-NY-04

2. The product, Betanex 1.3EC (EPA Reg. No. 264-620), manufactured by Bayer CropScience LP, may be applied. All applicable directions, restrictions, and precautions on the EPA-registered label must be followed unless otherwise modified in this authorization document. Please note that as no "Use Directions" as described in our recently disseminated "General Guidance for Preparation of Use Directions in Connection with Emergency Exemptions" were submitted with your request, we assume that you intend to distribute this authorization in lieu of "Use Directions".

3. Desmedipham may be applied at a rate of 0.125 to 0.50 lb. a.i./acre with ground equipment using 20 to 50 gallons of water per acre as a broadcast treatment, or 5 to 10 gallons banded over the row. Three applications may be made, by ground equipment only. A 75-day pre-harvest interval (PHI) is required.

4. A maximum of 1,250 acres of red beets may be treated.

5. Time-limited tolerances for residues of desmedipham on red beet roots at 0.2 ppm and in red beet tops at 15 ppm have been established for previous emergency programs for this use. See the Federal Register of August 29, 1997. These time-limited tolerances were subsequently extended and now will expire on December 31, 2003.

6. This specific exemption expires August 15, 2003.

This is the eighth year that this use of desmedipham on red (table) beets has been requested under section 18 of FIFRA. For repeat emergency exemption requests, EPA evaluates whether a registrant is working toward a general registration for the requested use. The Agency generally considers five years from the initial section 18 request as being a sufficient time period to submit a tolerance petition for IR-4 supported actions. Although IR-4 has performed field trials for this use, no tolerance petition has been submitted to EPA. Thus, progress toward registration is a concern. Note, further that since desmedipham is an carbamate the outlook for obtaining a section 3 registration for this use is uncertain. EPA encourages the grower and research communities to closely monitor EPA's administration of the provisions of the Food Quality Protection Act for desmedipham and all carbamate pesticides and, further, to work to identify alternative herbicides that may replace this use of desmedipham, if necessary.

James J. Jones

____________________________
James J. Jones, Director,
Office of Pesticide Programs

Date:___4/15/03_______________

cc: Region 2
Adrian Enache

DPORTER@ORA.FDA.GOV
rlhacket@gw.dec.state.ny.us