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lambda-cyhalothrin (Warrior)
EPA Letter - Specific Exemption Request (Section 18) Approval 4/03

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


OFFICE OF
PREVENTION, PESTICIDES AND
TOXIC SUBSTANCES

New York Department of Environmental Conservation
Division of Solid and Hazardous Materials
Bureau of Pesticides Management
625 Broadway
Albany, New York 12233

Date Issued: April 16, 2003
Date Effective: June 1, 2003
Expiration Date: August 31,2003
Report Due: February 28, 2004
File Symbol: 03-NY-06

The Environmental Protection Agency hereby grants a specific exemption under the provision of section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended to the New York Department of Environmental Conservation for the use of lambda-cyhalothrin formulated as Warrior with Zeon Technology, on alfalfa/clover/grass mixed stands to control the potato leafhopper. This specific exemption is subject to the condition and restrictions set forth in your request, as well as the following:

1. The New York 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 to the EPA Regional Office.

2. The product, Warrior with Zeon Technology (EPA Reg. NO. 100-1112) manufactured by Syngenta Crop Protection, Inc. may be applied. All applicable directions, restrictions, and precautions on the federal label and section 18 use directions submitted with your application must be followed.

3. Apply 1.92 - 3.2 fl.oz. (0.015 - 0.025 lbs ai) per acre of Warrior with Zeon Technology to control potato leafhoppers. Apply as required by scouting and when populations reach determined economic thresholds. A maximum of 0.24 pints (0.03 lbs ai) per acre may be applied per cutting; a total of 0.96 pints (0.12 lbs a.i.) per acre may be applied per season.

4. A maximum of 560,000 acres of alfalfa/clover/grass missed stands may be treated in New York State.

5. Time-limited tolerances have been established for residues of lambda-cyhalothrin on grass forage at 5.0 ppm and grass hay at 6.0 ppm. These time-limited tolerances are scheduled to expire on December 31, 2005.

6. Minimal adverse effects are expected for terrestrial animals, but that significant direct negative effects are expected for aquatic animals if lambda-cyhalothrin habitats via spray drift or run-off. Aquatic animals are extremely sensitive to this pyrethroid. The use directions had the following restrictions to mitigate concerns regarding bees and aquatic environments.

- Avoid applications when bees are actively foraging by applying during the early morning or during the evening hours.

- Do not apply by ground equipment within 25 feet, or by air within 150 feet of lakes, reservoirs, rivers, permanent streams, marshes, pot holds, or natural ponds. A 25 foot vegetated non-cropped buffer strip untraversed by drainage tiles must be maintained between a treated field and a coastal salt marsh or stream that drains into a coastal salt marsh for both aerial and ground application.

In addition, lambda-cyhalothrin is classified as a restricted use pesticide due to its toxicity to fish and aquatic organisms. It is for retail sale to and use only be Certified Applicators, or persons under their direct supervision, and only for those uses covered by the Certified Applicator's certification.

7. EPA shall be immediately informed of any adverse effects resulting from the use of this pesticide in connection with t his exemption.

8. This specific exemption expires on August 31, 2003.

9. A report summarizing the results of this program must be submitted by February 28, 2004.

10. Any future correspondence in connection with this exemption should refer to file symbol 03-NY-06.

This is the second year this use has been requested by New York for this chemical under section 18 of FIFRA. The regulations governing section 18 require the Agency to consider the progress which has been made toward registration of the proposed use if a repeated specific exemption is sought. Under the regulations, it shall be presumed that reasonable progress has not been made if a complete application for registration of a use, which has been under a specific exemption for any 3 previous years, has not been submitted. Similarly, the Agency applies a 5 year-year standard to IR-4 supported usses. Any future requests should fully address the topic of progress towards registration.