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February 28, 2002

New York Department of Environmental Conservation
Division of Solid and Hazardous Materials
625 Broadway
Albany, New York 12233-7257

Attention: Robin Hackett (rlhacket@gw.dec.state.ny.us)
Phone: (518) 402-8768
Fax: (518) 402-9024
File symbol: 02-NY-05
Expiration: July 30, 2002
Report due: January 31, 2003

   The Environmental Protection Agency 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 Department of Environmental Conservation for the use of dimethenamid on dry bulb onions grown on muck soils to control yellow nutsedge and other broadleaf weeds. This specific exemption is subject to the conditions and restrictions set forth in your application as well as the following:

1. The New York 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 Code of Federal Regulations (CFR) §166.32. Accordingly, a report summarizing the results of this program must be submitted to EPA Headquarters and the EPA Region 2 office by January 31, 2003 or prior to requesting another specific exemption for this use.

2. The product, Frontier 6.0 Herbicide, EPA Registration Number 7969-147, containing 63.14% dimethenamid, manufactured by BASF Corporation, may be used. All applicable directions, restrictions, and precautions on the registered end-use product label must be followed.

3. A maximum of 6,000 acres of dry bulb onions grown on muck or high organic soils in New York State may be treated.

4. 32 fluid ounces of formulated product [1.5 lbs active ingredient (ai)] per acre may be applied. One application can be made. Only ground applications can be made.

5. A 30-day pre-harvest interval will be observed for onions.

6. Applications can be made from May 1, 2002 until July 30, 2002.

7. Dimethenamid residues are not expected to exceed 0.01 parts per million (ppm) in or on dry bulb onions as a result of this section 18 use. The Agency has determined that this residue level is adequate to protect the public health. A time-limited tolerance at this level has been established and will expire December 31, 2002. The Food and Drug Administration will be advised of this action.

8. Adequate analytical methodology is available to enforce the tolerance expression. NPD-GLC method (AM-0884-0193-1) has been submitted for publication in the Pesticide Analytical Manual, Volume II, to enforce tolerances for residues of dimethenamid in/on plant and soil samples. The method may be requested from: Calvin Furlow, PRRIB, IRSD (7502C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460; telephone number: (703) 305-5229; e-mail address: furlow.calvin@epa.gov

9. The EPA Headquarters and Regional office shall be immediately informed of any adverse effects or misuse resulting from the use of this pesticide in connection with this exemption.

10. The Agency's level of concern (LOCs) for terrestrial, semi-aquatic, and aquatic plants are exceeded. As a result, the following statement must be include on the Section 18 label for this use:

Applicators should contact the nearest regional office of the U.S. Fish and Wildlife Service to determine if the following species would be jeopardized by the use of dimethenamid:


The supplemental label submitted with the application must be revised. This Section 18 has been issued for use on dry bulb onions grown on muck soils. Therefore, the application rates for other soil types must be removed. The label should only list an application rate of 32 fluid ounces (1.5 lbs ai) for muck soils. Additionally, remove the statement that reads: "A total maximum rate of 32 fluid ounces of Frontier 6.0 per acre may be applied on any soil type in a single growing season."

Though this is the third year that New York has requested the use of dimethenamid on onions to control weeds, this is the fourth year this use has been requested under section 18 of FIFRA. The Agency received a tolerance petition for dimethenamid in or on dry bulb onions in July, 2000. The decision of whether future requests for this use are approved will depend, in part, on progress made towards registration. It would be to your advantage to remain current on such progress.


Any future correspondence in connection with this exemption should refer to file symbol 02-NY-05.

Peter P. Caulkins, Acting Director
Registration Division

cc:
EPA REGION 2
Adrian Enache
PHONE: 732-321-6769
FAX: 732-321-6788

U.S. FDA
Donna Porter
Division of Field Science (HFC-141)
5600 Fishers Lane
Rockville, MD 20857
Phone: 301-443-3320
e-mail: DPORTER@ORA.FDA.GOV

Sonia Delgado
FDA, Center for Food Safety and Applied Nutrition
Case Processing Branch (HF5-607)
200 C Street S.W.
Washington, D.C. 20204
telephone: 202-205-5235
fax: 202-260-0133

ASTHO Representative
New York State Department of Health
Corning Tower Building, Empire State Plaza
Room 1482
Albany, NY 12237