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fomesafen (Reflex) NYSDEC Notification to EPA of Exemption Issuance 7/93

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


                               July 2, 1993


TRANSMITTED VIA FAX

Ms. Rebecca Cool
Section Head (H7505W)
Emergency Response and Minor Use Section
Registration Support Branch
Registration Division/OPP
U.S. E.P.A.
401 M Street, S.W.
Washington, D.C. 2046Q

Dear Ms. Cool:

RE:  FIFRA Section 18 Crisis Exemption for Use of Fomesafen (Reflex 2Lc,
     EPA Reg. No. 10182-83) for Postemergence Control of Broadleaf Weeds
     in Snap and Dry Beans

     The New York State Department of Environmental Conservation, 
(NYSDEC) as the State lead agency for pesticide matters, is today 
issuing the referenced crisis exemption for use in New York State, 
effective 12:01 a.m. Monday, July 5, 1993. Use is expected to begin 
immediately and is authorized to continue only so long as the 
infestation continues, but in any event no longer than July 26, 1993.

     On May 4, 1993, we previously submitted to your office as a Section 
18 emergency exemption request the information required in 40 CFR Part 
166.43(b) for a crisis exemption.   This crisis exemption is the same as 
the May 4, 1993, Section 18 request. As was described in the Section 18 
request, based upon data supplied by Cornell University, no residues of 
fomesafen in snap or dry beans is expected to result from this use.

     Subsequent to our submission of the Section 18 request, rainfall 
patterns in New York State during May and early June of this year have 
led to the conditions which have necessitated issuing this crisis 
exemption. Many early planted fields received no precipitation to 
activate preplant residual herbicides, and weeds were able to germinate 
and grow along with the beans.

     Enclosed is a copy of the request for a crisis exemption from 
Cornell University which further describes the situation. Without the 
use of Reflex 2LC immediately, many growers could experience total 
losses.

     It is our understanding that a decision related to the Section 18 
currently on file with the EPA is not expected for at least another 
week. However, the need for use of Reflex 2LC by growers in New York 
State is acute. We believe that by issuing this crisis exemption, many 
of the fields that are in serious jeopardy for significant losses can be 
saved.

Please contact Frank Hegener or Teresa Foster (518/457-7446), of my 
staff, if you have any questions on this request.


                              Sincerely,


                              Norman H. Nosenchuck, P.E.
                              Director
                              Division of Hazardous Substances
                               Regulation

cc:  E. Kozak - EPA Region II
     W. Smith - Cornell University
     D. Rapp - NYS Dept. of Ag. & Mkts
     Zeneca, Inc., Reflex 2LC Registrant

Enclosure