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fomesafen (Reflex) Emergency Exemption Request 2/94

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


                                     FEB 16 1994

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Ms. Rebecca Cool
Section Head (H7505W)
Emergency Response and Minor Use Section
Registration Support Branch
Registration Division/OPP
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.

                             Sincerely,



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

Enclosure

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.