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Imidacloprid - NYS Section 18 Approval for Provado on Stone Fruits/Aphids as Vectors of Plum Pox 3/02

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

OFFICE OF
PREVENTION, PESTICIDES AND
TOXIC SUBSTANCES

Maureen P. Serafini, Director
Bureau of Pesticides Management
New York Department of Environmental Conservation
50 Wolf Rd.
Albany, NY 12233-7257

ATTN: Robin Hackett
FAX: (518)485-8990

Date Issued: March 22, 2002
Expiration Date: October 15, 2002
Report Due: April 15, 2003
File symbols: 02-NY-06

The Environmental Protection Agency hereby grants a specific 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 imidacloprid, formulated as Provado 1.6 F, on stone fruit in New York to control aphids, including the green peach aphid (Myzus perstcae), a vector for Plum Pox Virus. This specific exemption is subject to the conditions 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 produce, Provado 1.6 F (EPA reg. No. 3125-457) manufactured by Bayer, 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. A maximum of 4 applications at a rate of 5-6 fluid ounces of product/acre (0.06-0.08 lbs. a.i./acre) of Provado 1.6 F may be made by ground equipment. No more than 24 ounces of product (0.32 lbs. a.i.) may be applied per acre per year.

  4. A maximum of 3,200 acres of peaches, nectarines, plums and apricots may be treated in New York.

  5. Time-limited tolerances have been established for residues of imidacloprid on the stone fruit (apricot, cherry, nectarine, peach, and plum) crop groups at 1.0 part per million (ppm) and for the processed commodity prunes at 3.5 ppm. These time-limited tolerances expire on December 31, 2003.

  6. On an acute basis, imidacloprid is considered moderately toxic to mammals, and moderately/slightly toxic to birds. Reproductive effects are in question regarding waterfowl (representative sp., Mallard Duck). It is considered to be very highly toxic to bees, both acutely and residually. Imidacloprid is considered practically non-toxic to freshwater and estuarine fish species, slightly to very highly toxic to estuarine invertebrates. The label statements regarding risk to bees (included in the proposed labeling) and other wildlife should be strongly adhered to in order to mitigate these risks.

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

  8. This specific exemption expires on October 15, 2002.

  9. A report summarizing the results of this program must be submitted by April 15, 2003.

Any future correspondence in connection with this exemption should refer to file symbol 02-NY-06.

This is the third 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 be submitted. Similarly, the Agency applies a 3-year standard to IIR-4 supported uses. The registrant of imidacloprid, Bayer, Inc., has indicated its intention to pursue a full section 3 registration for use of imidacloprid on stone fruits. Progress towards registration can be considered adequate at this time.

Peter Caulkins, Acting Director
Registration Division
Office of Pesticide Programs

Date: 3/22/02

cc: U.S. EPA Region II
Attn: Adrian Enache