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fomesafen (Reflex) Specific Exemption Granted 5/96

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

                                                         OFFICE OF
                                                 PREVENTION, PESTICIDES AND
                                                    TOXIC SUBSTANCES


New York State Department of Environmental Conservation
50 Wolf Road, Albany, NY 12233-7250

Attn:  Norman H. Nosenchuck, P.E., Director
       Division of Hazardous Substances Regulation
       New York State Department of Environmental Conservation

                        Date Issued:  5/13/96
                        Date of Expiratlon: August 25, 1996
                        Report due:  February 15,1997
                        File Symbol:  96-NY-07

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 State Department of 
Environmental Conservation (NY5DEC) for the use of fomesafen, formulated as 
Reflex 2LC (EPA Reg. No. 10182-83), to control broadleaf weeds in snap 
beans and dry beans in New York State. This specific exemption is subject 
to the following conditions and restrictions:

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. This information must be submitted to EPA Headquarters and the 
EPA Regional Office.

2. The product Reflex 2LC, EPA Reg. No. 10182-83, manufactured by Zeneca 
Ag. Products, a subsidiary of ICI Americas, Inc., may be applied. All 
applicable directions, restrictions and precautions on the EPA-registered 
product label must be followed.

3. Fomesafen application on up to 10,600 acres of snap beans and 18,800 
acres of dry beans will be permitted in New York State.

4. One application of fomesafen on dry beans and/or Snap beans is allowed. 
Application of fomesafen (Reflex 2LC) will not exceed a rate of 1.0 to 1.25 
pints of Reflex 2LC per acre (0.25 to 0.313 lb. of active ingredient per 
acre).

5. A 30-day preharvest interval (PHI) will be observed.

6. Handlers of fomesafen must wear a minimum amount of personal protective 
equipment such as long-sleeved shirts, long pants and gloves.

7. The label's regional application restriction for soybeans shall apply to 
dry beans and snap beans; therefore, in New York fomesafen will not be 
applied on the same acreage more than once every two years.

8. The risk of non-target plant phytotoxicity potential from drift is a 
concern for endangered plant species in Suffolk county. In this county a 50 
foot treatment-free buffer zone will be required between the edge of snap 
bean fields and where endangered plants (Seabeach amaranth and Sandplain 
gerardia) are known to exist.

9. Growers must be informed that in areas where soils are permeable and the 
water table is shallow Fomesafen may leach to ground water.

10. Livestock may not be grazed in treated fields.

11. The total combined residues of fomesafen and its metabolites in or on 
dry beans and/or snap beans from the proposed postemergence herbicide use 
are not expected to exceed 0.05 ppm. The Agency has determined that this 
residue level is adequate to protect the public health. Secondary residues 
in meat, milk, poultry, and eggs are not anticipated. Analytical 
methodology is available in PAM II. Analytical reference standards for 
fomesafen are available from the Pesticides and Industrial Chemicals 
Repository at RTP, NC. The Food and Drug Administration has been advised of 
this action.

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

13. A report summarizing the results of this program must be submitted by 
February 15, 1997, to BPS Headquarters and the EPA Regional Office.

14. This specific exemption expires August 15, 1996.

15. Any future correspondence in connection with this exemption should 
refer to file symbol:  96-NY-07.

16. This is ths fourth year that this use of fomesafen on snap beans in New 
York has occurred under section 18 of FIFRA. Acoording to IR-4, the 
research to support the registration of this use is complete. The 
analytical lab submitted it's residue report to IR-4 in September, 1993. 
IR-4 submitted a tolerance petition to the Agency and EPA will complete the 
fomesafan review for the time-limited tolerance to be established in late 
June or early July of 1996, allowing for section.3 registration.

Stephen L. Johnson, Director
Registration Division
Office of Pesticide Programs

Date:  May 13, 1996

CC:

Region II
Dave Andreassen
FAX 908 321-6613
Phone No. 908 321-6769

Theresa Foster
NY Department of Environmental Conservation
FAX 518 457-7148
Phone No. 518 457-7446

Dr. Robin Bellinder
Associate Professor, Weed scientist
Department of Fruit and Vegetable Science
Cornell University
164 plant Science Building
Ithaca, NY 14853
FAX 607 255-0599

Mr. William G. Smith
Pesticide Management Education Program Coordinator
Cornell University
Pesticide Management Education Program
5123 Comstook Hall
Ithaca, NY 14853-0999
FAX 607 255-3075

Director
NY State Health Department
ESP-Corning Tower - Room 695
Albany, NY 12237

Regional Director HFR-MA1
Food and Drug Administration
2nd and Chestnut Street Room 900
Philadelphia, PA 19106

Branch Chief HFS-308
FDA/CFSAN
200 C Street SW,
Washington, DC 20204

USDA/FSIS
Residue Evaluation and Planning Division
Room 602 Annex Building
300 Twelfth Street SW
Washington DC 20250