fomesafen (Reflex) Emergency Exemption Request 2/94
New York State Department of Environmental Conservation
50 Wolf Road, Albany, New York 12233
FEB 16 1994
RETURN RECEIPT REQUESTED
Ms. Rebecca Cool
Section Head (H7505W)
Emergency Response and Minor Use Section
Registration Support Branch
U.S. Environmental Protection Agency
401 M. Street, S.W.
Washington, D.C. 20460
Dear Ms. Cool:
Re: Specific Exemption Request for the Use of Fomesafen (Reflex 2LC)
to Control Broadleaf Weeds in Snap and Dry Beans During 1994
The New York State Department of Environmental Conservation, as the
State lead agency for pesticide matters, hereby requests consideration
of the enclosed request from Cornell University for emergency exemption
under Section 18 of FIFRA, as amended. This request includes the
information required in 40 CFR Part 166.20.
This is the second year that the Department has requested an
emergency exemption for use of Reflex on snap and dry beans in New York
State. An emergency exemption to use Reflex during the 1993 growing
season was granted by the United States Environmental Protection Agency
(USEPA); however, growers in Ulster, Sullivan, Suffolk, Onondaga,
Nassau, Madison and Delaware Counties in New York State were not allowed
to use the product because of the presence of several endangered plant
species in those Counties.
This year's request is to allow application of Reflex in all snap
and dry bean producing counties in New York State during the 1994
growing season. The request addresses the concerns of the USEPA
regarding the proximity of bean crops to critical habitat of the
endangered plant species. Based on information from New York State
growers, the State Botanist and researchers at Cornell University, we
have found that beans are grown in only three of the seven Counties. Of
the three bean-producing Counties in the State, only in Suffolk County
is there a perceived problem. (If permission to use Reflex in all
Counties is granted, a 50-foot, set-back policy from all water sources
and wetlands is proposed for growers in Suffolk County.)
Also included with this request is the information required by the
USEPA on the amount of product rejected or docked due to weed
contamination. In addition, data on the degree of harvester efficiency
and number of acres affected by whole or partial field abandonment due
to weed contamination is provided.
Zeneca Ag Products has been working toward developing a suitable
data package to support the registration of Reflex on snap beans, and
has initiated action to generate residue data for dry beans. The
complete snap bean package should be ready to submit to the USEPA by the
third quarter of 1994. Zeneca is supportive of this emergency request
for use of Reflex during the 1994 growing season.
Reflex is needed by New York's snap and dry bean growers.
Conditions last year necessitated our issuing a crisis exemption for use
of Reflex on snap and dry beans. Growers who used Reflex (either under
the crisis or emergency exemption) reported outstanding results
controlling troublesome broadleaf weeds. Presently, no other effective
herbicides are available to control the rising populations of broadleaf
weeds in New York State. Reflex is also important to the Integrated Pest
Management (IPM) practice because it can be applied post-emergence after
field scouting has been done.
The first date of anticipated use is June 1, 1994. Please contact
Teresa Foster or Frank Hegener, of my staff, at (518) 457-7446, if you
have any questions concerning this request.
Thank you for your assistance in this matter.
Norman H. Nosenchuck, P.E.
Division of Hazardous Substances
cc: F. Kozak - EPA Region II - w/enc.
W. Smith - Cornell University - w/o enc. ~
D. Rapp - NYS Dept. of Ag. & Mkts. - w/o enc.
A. Pederson - Zeneca Ag Products - w/o enc.