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Endothall - Registration of SLN Labeling for Aquathol Granular 3/98

New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials
Bureau of Pesticides & Radiation
Pesticide Product Registration Section
50 Wolf Road, Albany, New York 12233-7257
Phone 518-457-7446 FAX 518-485-8990

March 17, 1998

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. Christopher Davis
Manager, Product Registrations
Elf Atochem North America, Inc.
2000 Market St.
Philadelphia, PA 19103-3222

Dear Mr. Davis:

Re: Registration of Special Local Need Labeling for Aquathol Granular Aquatic Herbicide
    (EPA Reg. No. 481-201) and Aquathol K Aquatic Herbicide (EPA Reg. No. 4581-204)

  The Department has completed its review of your application, received November 26, 1997,
and additional information, received February 5, 1998, for renewal of twenty-one pesticide
products in New York State. Your application for two of the twenty-one products, Aquathol
Granular Aquatic Herbicide (EPA Reg. No. 4581-201) and Aquathol K Aquatic Herbicide (EPA
Reg. No. 4581-204), was deemed complete and denied effective thirty calendar days from the
receipt of the Department's letter dated February 13, 1998 (copy enclosed). In response to
the February 13, 1998 letter, Elf Atochem North America, Inc. submitted a Special Local
Need (SLN) application for each of the two products.

  The SLN labeling for both products specifies a "Day After Application" swimming restriction.
The addition of the swimming restriction is required in New York State in order to allow
for sufficient mixing of the products, which contain endothall, a very severe eye irritant,
after application to bodies of water.

  Elf Atochem North America, Inc. submitted new labels to the Department which removed the
24-hour swimming restriction which was present on previous labels. The Department discussed
the proposed label amendment at length in letters dated September 5, 1996 and
October 22, 1996 (copies enclosed). The application to remove the swimming restriction
was denied.

  The federally approved labels for Aquathol Granular Aquatic Herbicide (EPA Reg. No. 4581-201)
and Aquathol K Aquatic Herbicide (EPA Reg. No. 4581-204) do not prohibit swimming directly
after application or even during application, which the Department believes presents an
unacceptable risk to swimmers.

  Therefore, under the authority of Section 24(c) of FIFRA, the Department hereby grants
Special Local Need registrations for Aquathol Granular Aquatic Herbicide (EPA Reg. No.
4581-201) and Aquathol K Aquatic Herbicide (EPA Reg. No. 4581-204). The Special Local Need
labeling for Aquathol Granular Aquatic Herbicide (EPA Reg. No. 481-201) is assigned SLN No.
NY-980001 and the Special Local Need labeling for Aquathol K Aquatic Herbicide (EPA Reg. No.
4581-204) is assigned SLN No. NY-980002.

  A copy of your most recent Certificate of Pesticide Registration, which also reflects the
renewal of your nineteen other products, and a copy of the New York State stamped "ACCEPTED"
labeling for Aquathol Granular Aquatic Herbicide and Aquathol K Aquatic Herbicide, along with
other labels submitted in support of your renewal, are enclosed for your records.

  Please be reminded that a copy of the accepted SLN label must be distributed with all
product distributed in New York State and be in the possession of the user at the time
of pesticide application.

  Please contact Ms. Jeanine Broughel, of my staff, at (518) 457-7446, if you have any
questions.

Sincerely,

Maureen P. Serafini
Supervisor
Pesticide Product Registration Section

Enclosures
cc: w/enc. - W. Smith, Cornell PMEP