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
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
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
Please contact Frank Hegener or Teresa Foster (518/457-7446), of my
staff, if you have any questions on this request.
Norman H. Nosenchuck, P.E.
Division of Hazardous Substances
cc: E. Kozak - EPA Region II
W. Smith - Cornell University
D. Rapp - NYS Dept. of Ag. & Mkts
Zeneca, Inc., Reflex 2LC Registrant