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Desmedipham (Betanex) Emergency Exemption Section 18 Approval 2/02

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



OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES

******** signed 2/24/2002 ********

New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials
50 Wolf Road
Albany, NY 12233-7250


Effective:     May 15, 2002
Expires:    August 15, 2002
ATTN:    Maureen Serafini
FAX:     518-485-8990
File symbol:     02-NY-01

    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 broadleaf weeds, including hairy galinsoga, common ragweed, redroot pigweed, common lambsquarter, 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, which includes the submission of an annual report to EPA concerning the results of this emergency program. This information must be submitted to EPA headquarters and the EPA Region 2 offices.

2.     The product, Betanex 1.3EC (EPA Reg. No. 264-620), manufactured by Aventis CropScience, may be applied. All applicable directions, restrictions, and precautions submitted with your application must be followed.

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 2,500 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. These time-limited tolerances will expire on December 31, 2003.

6.     The EPA Headquarters and EPA Region 2 offices shall immediately be informed of any adverse effects resulting from the use of this pesticide in connection with this exemption.

    This is the seventh 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 aryl 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.

Peter P. Caulkins, Acting Director,
Registration Division
Date: 2/24/2002

ANY FUTURE CORRESPONDENCE IN CONNECTION WITH THIS EXEMPTION MUST REFER TO FILE SYMBOL: 02-NY-01

cc:     Region 2
Adrian Enache
FAX: 732-321-6788
FDA/CFSAN, Case Processing Branch (HF5-607)
200 C Street, SW
Washington DC 20204
Fax: (202) 260-0133 ATTN: Sonia Delgado


ASTHO Representative
New York State Dept. of Health
Corning Tower Bldg., Empire State Plaza
Rm 1482
Albany, NY 12237
FDA/ORA/ORO Division of Field Science (HFC-141)
5600 Fishers Lane
Rockville, MD 20857
ATTN: Donna Porter