Newest News from the Office of Pest Management Policy: March 18, 2003

Highlights

• Crop Profiles
• Chemical News
• Other Activities

Newly posted:
NJ - field corn
NJ - carrots
FL - snap beans
TN - pumpkin
LA - soybean

PMS Plans
Newly posted:
NJ - peach
Received but not yet posted:
CA/AZ - lettuce

PMS meetings that have occurred:
Midwest - edible beans
Southeast - pecans
Hawaii - banana

PMS plan meetings in the near future:
LA, AR, MS - cotton, April 24-25
Florida - tropical fruit, March 31-April 1

Imidacloprid
Bayer Co. has asked if ARS or APHIS is conducting studies on imidacloprid and bee toxicity. A French study claims that bees have been harmed by imidacloprid.

Triazoles
The Triazole Task Force will be meeting with EPA on April 9. They are confident that their risk assessment will show the risk cup is not full even if 100% crop-treated is assumed. PDP will begin analyzing some commodities soon and the Task Force may conduct additional sampling and analysis.

Spinosad
OPMP is working with DowAgro, EPA, APHIS MOSCAMED, and APHIS International Services to procure authenticated labels for spinosad bait to meet court requirements in Guatemala. Spraying has been halted by a judge due to litigation by bee keepers until it can be proven that EPA has no bee toxicity concerns. APHIS believes bees are dying in Guatemala due to a virus or other problem such as varroa mite.

Molinate (Ordram)
EPA feels adequate alternatives have recently been registered to replace Molinate, but agricultural scientists in California disagree. They expect that a 10% yield loss would be immediately felt and that resistance management would suffer such that more losses may be realized. Yield losses could be as high as 50%.

The docket opened for the preliminary risk assessments of Molinate on 4/2/2002. A RED on Molinate is expected in calendar year 2003.

Recent discussions with the Molinate Chemical Review Manager (CRM), Wilhelmena Livingston, on 2/12/03 indicate that the Phase 5, Revised Risk Assessment is ready for publication. They are waiting for approval from above. All comments on the preliminary assessment have been answered according to the Agency.

Tetrachlorvinphos (Rabon)
EPA issued an Interim Risk Management Decision Document on 12/18/02. The IRED indicates that no use sites will be lost. However, several risk mitigation measures are planned, including: outdoor use will be limited to spot treatments, paint-on uses will be removed from labels, dust uses will be modified, and feed-through horse products will state new cautions for at-risk horses.

On 2/13/03, Kent Smith attended a meeting at EPA to discuss DDVP. This chemical is used in a combination product with Rabon called Ravap. It is critical to IPM programs in the poultry industry, as well as an important rotational chemical in the beef and swine industries. Kent presented comments at the meeting on the importance of Ravap.

Thiophanate-methyl (Topsin M)
At a mitigation meeting on 1/23/03, EPA outlined their proposal for increased REIs. While this proposal was much better than formerly proposed, OPMP recommended moving most of the 3-day REIs to 2 days. We were especially concerned about the effect that REIs would have on non-contact activities, such as scouting, irrigation, and beehive maintenance. Though assured by EPA that they would not be affected by the REI period, we have received indications from growers that they will be affected.

On March 4, 2003, we had a closure call on TM. There were no surprises. EPA said that the REI issue would be dealt with in the RED, hopefully the FR notice, and in additional web materials on REI interpretations. We are seeking to make sure that non-contact activities (scouting, irrigation, and bee hive maintenance) are exempt in orchards from REI limits.

Ziram
The Ziram CRM, Pat Dobak, has informed OPMP on 1/28/03 that the 1983 Ziram carcinogenicity study has been thrown out in favor of more recent studies submitted by the registrant. The Q* for Ziram has disappeared!!!! HED is expected to complete a new risk study by the end of February. We are unaware of any lingering risk issues for agriculture.

OPP Residues found in Mushrooms in PDP Program
The PDP Program has detected residues of o-phenylphenol (OPP) in mushroom samples. This fungicide and disinfectant has tolerances on several fruits and vegetables but not mushrooms. These detections were deemed violations by PDP and forwarded to FDA according to prior agreement.

We were informed by Jack Housenger, Deputy Director of the Antimicrobial Division, on 2/13/03 that an OPP tolerance on mushrooms can not be established until a full FQPA safety review of OPP has been completed. That is not scheduled for completion until 2006.

Oryzalin (Surflan)
A smart meeting was held Feb 10, 2003. It looks like there are no significant issues with oryzalin. Oryzalin was basically not available for the past two years because of production problems at DowAgro. They are now back up and running, but are unsure of how much market share they may recover. The major uses of the compound are in tree fruits, nuts, and vines, ornamentals, and turf.

Diuron
EPA is about ready to start up again on diuron. OPMP received a call from the CRM last week to say they would be sending out some information shortly. It appears there may be a potential cancer issue.

Rodenticides
OPMP has received comments from user participants including Copesan (a large international pest management corporation), NPMA (National Pest Management Association), IFC (The Industrial Fumigant Company, a large national pest management corporation) and Conagra a modest sized commodities handling and processing company. Ted Rogers will be organizing a users group to meet with the Agency. It is clear that while they have admitted that the document is weak and does not qualify as a risk assessment that SRRD will now move forward with a revised risk assessment and a risk mitigation discussion based on this work. We also assume that risk mitigation will include measures such as eliminating fence line applications of some if not all of the products.

Benfluralin
OPMP received a call from Diane Isbell, the CRM for Benfluralin. They are starting the review and expect a meeting within the next month.

Trifluralin
The Use Closure Memo is out. Looks like all uses will be retained.

Methyl Bromide
The US request for Methyl Bromide Critical Use Exemption (CUE) was submitted to the Parties to the Montreal Protocol early February. Sectors included in the nomination are; post harvest uses (structural and commodity), forest and orchard seedlings, orchard replant, turf, tomatoes, pepper, eggplant, strawberry (nursery and production), cucurbits, ornamentals, ginger, tobacco transplant and sweet potato. CUEs allow for continued methyl bromide use following the 2005 ban. The CUE applicant had to demonstrate the lack of technically and economically feasible alternatives to methyl bromide. USDA and EPA conducted joint reviews of all the applications. The final US nomination package accounted for almost 63% of the methyl bromide requested by the CUE applicants (39% of the 1991 baseline). If you need additional information on the CUE applications or US nomination, please contact Dhol Herzi of OPMP at 202-720- 2664.

A decision by the Parties to the Protocol is expected sometime in the fall.

The official full story from EPA:

1) U.S. GOVERNMENT NOMINATES CRITICAL USE EXEMPTIONS FOR METHYL BROMIDE
Materials Submitted to Ozone Secretariat of the United Nations

The U.S. Government today transmitted its formal nomination for "critical use exemptions" from the phase-out of methyl bromide. Methyl bromide is a relied-upon agricultural fumigant that, because it depletes stratospheric ozone, is scheduled to be phased-out by developed countries by 2005 in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer. The Montreal Protocol contains a provision for countries to request exemptions for uses of methyl bromide for which there are no technical or economically feasible alternatives.

It is under this provision that the U.S. and many other countries are submitting their nominations for critical use exemption.

The United States is submitting a two-year exemption request to begin in 2005. This request is based on an extensive and rigorous joint EPA and U.S. Department of Agriculture technical review process involving dozens of specialists with extensive experience in relevant sciences. The U.S. request for 2005 is for 39% of our baseline consumption of methyl bromide, which is substantially below the most recent year's consumption. Our request will decline to 37% in 2006, reflecting our commitment to ozone layer protection and the likelihood that additional alternatives will be registered and available for use by then.

The U.S. critical use exemption request is consistent with international environmental commitments designed to protect the ozone layer as well as protective of the legitimate needs of methyl bromide users. As new alternatives are developed and market tested, the United States fully expects the need for future critical use exemptions to be eliminated. To date, the U.S. Department of Agriculture has spent over $146 million in research and outreach related to alternatives for the crops on which methyl bromide is currently used. The critical use exemptions being requested will cover the following uses: food processing, commodity storage, forest seedlings, orchard seedlings, orchard replant, turf and sod, tomatoes, peppers, eggplant, strawberry, strawberry nurseries, cucurbits, ornamentals, ginger, transplant trays used in certain greenhouse production systems and sweet potatoes.

The U.S. nomination of critical methyl bromide uses for exemption from the 2005 phase-out has been submitted today to the Ozone Secretariat of the United Nations. In November 2003, the Parties to the Montreal Protocol will meet and review recommendations and authorize the continued production and import of methyl bromide after 2005 to meet authorized critical needs. Based on the decision of the Ozone Secretariat of the United Nations, EPA will conduct a rulemaking process and propose to exempt specific amounts of methyl bromide for identified critical uses.

The Montreal Protocol, signed by 183 countries including the United States, established a phase-down schedule for the use of a wide variety of chemicals that deplete ozone depletion. Under measures already taken by the U.S., the use of methyl bromide has decreased over 50 percent since 1990. Information on EPA's critical use exemption for methyl bromide is available at: http://www.epa.gov/ozone/mbr/.

Carbaryl
EPA plans to release the revised risk assessment for carbaryl by the end of March. According to the chemical review manager, the registrant prepared a probabilistic risk assessment for the occupational exposure. This analysis should help refine the acceptable Margin of Exposure (MOE) and in turn reduce the Re-Entry Intervals (REI). The preliminary risk assessment had REIs ranging from 2 to 7 days. Current REIs for most crops are 12 hours. USDA, OPMP will organize a conference call with all interested parties once the document is available.

Pyrethroids
A SMART meeting is scheduled for cypermethrin on March 25.

Fenvalerate: the SMART meeting has been canceled as the 2 registrants (Sumitomo and Bayer) have decided not to support reregistration of this product. They have requested that all food uses for fenvalerate be transferred to esfenvalerate. Turf and pet uses of fenvalerate will fall by the wayside.

Permethrin is also being queued up at EPA.

Soybean Rust
The incoming President of the American Soybean Association (ASA) will visit Washington, DC. on March 28 and may request a meeting with APHIS and OPMP to discuss the screening criteria for permitting soybeans from Brazil to enter the US.

The new president reportedly has expressed concerns that the expense of buying and treating soybeans will be prohibitive for soybean growers.

Kent Smith has requested confirmation from experts with overseas experience as to whether minor legumes are at risk or not. Kent sent a note to CSREES regarding the need for research on minor legumes.

Kent Smith and Teung Chin have had a number of conversations with representatives of the National Plant Board, State Departments of Agriculture, APHIS, NC 504 Committee, the IPM Center Directors, EPA and extension plant pathologists on the organization and drafting of a Section 18 template for soybean rust. Teung Chin agreed to become the point of contact for the overall effort.

No data will be generated from the first two applications in ARS' efficacy trial in Paraguay. The dry season thus far resulted in no appearance of soybean rust. A third and fourth application are scheduled with results expected in May.

During the 2/5 conference call of Technical Working Group, extension pathologists from SD, KY, MS and LA volunteered to draft the Section 18 template, with South Dakota assuming the lead role. EPA agreed to a North and a South template with submissions as soon as possible on the assumption that triazoles will be requested even though data for this season may not be received before May. Amended applications may be made with any new data. Other legumes may also be included by state although HI has indicated that soybean rust is not impacting other legumes in their state. The "baseline" will be azoxystrobin and chlorothalonil which are Section 3s with soybean rust on the label.

Mexican Fruit Flies (in San Diego County)
A Fruit Fly Science Advisory Panel will meet in early April to explore why the infestation is still present. Mexican fruit fly detects are occurring in treated areas. The two-week re-treatment interval on the label may be too long.

SECTION 18s:
Pesticides; Emergency Exemption Process Revisions Pilot and Request for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: Section 18 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) authorizes EPA to issue emergency exemptions to States and Federal agencies, allowing them to use a pesticide for an unregistered use for a limited time if EPA determines that emergency conditions exist. EPA is announcing and seeking comment on a limited pilot program initiated by this Notice. The pilot is limited to exemption applications for which the requested chemical is a pesticide previously identified by EPA as a reduced-risk pesticide. Under this limited pilot, EPA will allow applicants for certain exemptions to re-certify that the emergency conditions which initially qualified for an exemption continue to exist in the second and third years, and will allow for a new tiered approach to be used for documenting a "significant economic loss." This limited pilot is the result of extensive stakeholder involvement and an effort to streamline the emergency exemption process. EPA is also seeking comment on another potential improvement to the emergency exemption program that would provide exemptions for certain pest resistance management purposes. EPA is considering these improvements to the emergency exemption program in an effort to reduce the burden to both applicants and the EPA, allow for quicker decisions by the Agency, and facilitate resistance management, while maintaining health and safety requirements. EPA intends to publish a proposed rule in 2003 that will propose several potential improvements to the emergency exemption regulations. EPA will consider any available information from this pilot as it proceeds with rulemaking.

DATES: Comments, identified by the Docket ID No. OPP-2002-0231, must be received on or before 60 days after publication in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Joseph Hogue, Field and External Affairs Division, Office of Pesticide Programs (7506C), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 703-308-9072; fax number: 703-305-5884; e-mail address: hogue.joe@epa.gov.

CARAT (Committee to Advise on Reregistration and Transition)
The transition workgroups of CARAT have decided to work with the following commodities (almonds, carrots, cotton, cranberries, peaches, and walnuts). Last week conference calls were held on walnuts and peaches. Growers, researchers, consultants, environmental groups, EPA and USDA were all represented. The call summarized the results of a questionnaire EPA had given to these commodities on their efforts to transition to different pest control practices in light of FQPA and recent regulatory decisions. Growers provided a lot of insight into the pros and cons of doing business in new ways. Another objective was to hear from growers on how EPA and USDA could provide more help during the transition process. Four more calls are planned and then a complete report will be given to the full CARAT sometime this spring or summer.

PROCEDURAL GUIDANCE
On March 4, 2003, EPA issued draft "Procedures Concerning the Development, Modification, and Implementation of Policy Guidance Documents" for public comment.

http://www.epa.gov/fedrgstr/EPA-PEST/2003/March/Day-12/p5916.htm

HUMAN TESTING
Court arguments have begun on the Industry challenge to EPA’s policy not to use third-party sponsored studies using human subjects.