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EPA Letter - Specific Exemption Request (Section 18) Approval 5/03



May 9, 2003

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

Attention: Robin Hackett (
Phone: (518) 402-8768
Fax: (518) 402-9024
File symbol: 03-NY-09
Expiration: December 31, 2003
Report due: June 30, 2004

The Environmental Protection Agency hereby grants a public health exemption under the provisions 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 fipronil in a rodent bait box system to control immature blacklegged ticks which are vectors for Lyme disease. This public health exemption is subject to the conditions and restrictions set forth in your application as well as the following:

1. The New York Department of Environmental Conservation is responsible for ensuring that all provisions of this public health exemption are met. It is also responsible for providing information in accordance with 40 Code of Federal Regulations (CFR) §166.32. Accordingly, a report summarizing the results of this program must be submitted to EPA Headquarters and the EPA Region 2 office by June 30, 2004 or prior to requesting another specific exemption for this use.

2. MAXFORCE Tick Management System, an unregistered end-use product, containing 0.70% fipronil, manufactured by Bayer Environmental Science, may be used. All directions, restrictions, and precautions on the proposed product label submitted by the state must be followed.

3. A total of 1,500 rodent bait boxes may be used.

4. Applications of the 0.70 % fipronil formulation incorporated into a rodent bait box system at a rate of 25.5 mg of active ingredient per box may be made. Boxes may be placed in locations in the spring for three months and then replaced with new boxes for an additional three months. Two applications per box location per year may be made.

5. On the supplemental label a sentence should be added at the end of the Precautionary Statements, Hazards to Humans and Domestic Animals that reads: "Avoid breathing dust."

6. Boxes should be placed 10 meters (30 feet) apart along the edge of maintained landscaping and woodlots and/or brush. On larger properties with woodlots deeper than 20-30 meters, a second row of boxes should be placed 10 meters deeper in the woods from the first row.

7. Applications may be made until December 31, 2003 during the period when immature ticks are active.

8. The EPA Headquarters and Regional office shall be immediately informed of any adverse effects or misuse resulting from the use of this pesticide in connection with this exemption.

9. The Agency has completed a preliminary analysis of ecological risks associated with the proposed use of fipronil for the control of ticks in wild small mammals. The Agency has not identified any concerns with this proposed use and concluded that the risks to small mammals directly treated with the fipronil product and risks to bird and mammal predators of treated small mammals are of minimal concern.

Any future correspondence in connection with this exemption should refer to file symbol 03-NY-09.

Debra Edwards, Director
Registration Division

U.S. EPA Region 2
Adrian Enache
PHONE: 732-321-6769
FAX: 732-321-6788

ASTHO Representative
New York State Department of Health
Corning Tower Building, Empire State Plaza
Room 1482
Albany, NY 12237