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lambda-cyhalothrin (Warrior) NYS DEC Letter - Crisis Exemption Request 7/02

New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials
Bureau of Pesticides Management
625 Broadway, Albany, New York 12233-7254
Phone 518-402-8788     FAX 518-402-9024
Website: http://www.dec.state.ny.us/website/dshm

July 25, 2002

Mr. Dan Rosenblatt
Acting Team Leader
USEPA/Office of Pesticide Programs
Emergency Response Team (7505C)
Document Processing Desk
Crystal Mall 2-2nd Floor
1921 Jefferson Davis Highway
Arlington, Virginia 22202

Dear Mr. Rosenblatt:

Re: Crisis Exemption Request for Use of Lambda-cyhalothrin (Warrior with Zeon Technology, EPA Reg. No. 10182-434) to Control Potato Leafhopper on Alfalfa/clover/grass Mixed Stands in 2002

    The New York State Department of Environmental Conservation, as the State lead agency for pesticide matters, hereby issues a Crisis Exemption under Section 18 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended for the use of Lambda-cyhalothrin (Warrior with Zeon Technology, EPA Reg. No. 10182-434) to Control Potato Leafhopper on Alfalfa/clover/grass Mixed Stands in New York.

    The product will be needed beyond the fifteen days provided under 40CFR Part 166.45. A Specific Exemption Request was mailed to your office on May 29, 2002 and supplemental information to complete the request was faxed to your office on July 3, 2002. Per your phone conversation with Robin Hackett, of my staff, the request will not be approved in time to be of use to the growers. Therefore, we will continue use of this product until such time as the Specific Exemption is granted. The traditional use season is from May through August, 2002. Use of this product is scheduled to begin on July 25, 2002.

    The application rate to control potato leafhopper is 1.92 - 3.2 fl oz (0.015 - 0.025 lb ai) per acre per cutting. Application is determined by scouting and insect populations reaching determined economic thresholds. Applications may not be made within one day of forage or seven days of harvest for hay. Applications can be made using air or ground equipment using sufficient water to obtain full coverage of the foliage. A 24-hour restricted entry interval (REI) is in effect for treated areas. Growers are to avoid applications when bees are actively foraging by applying during the early morning or during the evening hours. A restriction to application is to be worded: "Do not apply by ground equipment within 25 feet, or by air within 150 feet of lakes, reservoirs, rivers, permanent streams, marshes, pot holes, 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 recognition of the concerns of EPA to avoid illegal residues in commerce, a further restriction will read, "No sale of mixed stand hay is permitted until a tolerance is in place for grasses and clover."

    Please refer to the Specific Exemption request in process for any details you require regarding the chemistry of this product and the estimated level of residue expected to result from use of this product.

    Your time in this matter is appreciated. If you have any questions, please call Robin Hackett, of my staff, at (518) 402-8768.

Sincerely,

Maureen Serafini
Director
Bureau of Pesticides Management

cc: J. Abbot, Syngenta Crop Protection, Inc.
A. Enache, USEPA Region II
W. Smith, Cornell University, PMEP
R. Zimmerman/R. Mungari, NYS Dept of Ag & Mkts.

bcc: M. Serafini/S. DeMars
S. Jackling
R. Hackett
Product File
Daybook

RH:scy
(robin\Crisis2002-lambdacyhalothrin.wpd)