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UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE
OF
PREVENTION, PESTICIDES AND
TOXIC SUBSTANCES
Pesticide Registration Program
Texas Department of Agriculture
P.O. Box 12847
Austin, Texas 78711
Attention: Charlie
Thomas, Director (Cthomas@agr.state.tx.us)
Telephone: (512) 463-7544
Fax: (512) 463-7411 or (512) 475-1618
File Symbol: 02-TX-06
Expiration: October 31, 2002
Report due: April 30, 2003
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 Texas Department of Agriculture for the use of flowable
carbofuran on cotton to control aphids. This specific exemption is subject
to the following conditions and restrictions:
1. The Texas Department
of Agriculture is responsible for ensuring that all provisions of this
specific 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 6 office by April 30,
2003 or prior to requesting another specific exemption for this use.
2. The product, Furadan
4F (a.i., carbofuran), EPA Reg. No. 279-2876, manufactured by FMC Corporation,
may be applied. All applicable directions, restrictions, and precautions
on the label submitted with your request must be followed. Applications
may only be made by, or in direct supervision of, certified applicators.
3. No use of flowable
carbofuran may take place until a county extension agent certifies in
writing that a registered alternative product, either thiamethoxam ("Centric")
or acetamiprid ("Assail") - once it has been registered - has
been used for control of cotton aphid in cotton fields. To meet this condition,
the Agency is requiring in general that 12% of Texas growers who have
used carbofuran in the past now use either Centric or Assail prior to
any Furadan applications. Given carbofuran use-by-region data, the Agency
has determined that 12% of the growers has the following distribution:
Coastal Bend: 60
growers
High Plains: 30 growers
Lower Rio Grande: 20 growers
Northern Rolling Plains: 5 growers
Far West: 2 growers
Southern Rolling Plains: 2 growers
County extension agents
must certify in writing that the designated number of growers per listed
region have used one of the alternatives prior to that region's use of
carbofuran. These written certifications shall be transmitted both to
the Texas Department of Agriculture, and to EPA's Office of Pesticide
Programs prior to any use of carbofuran. Additionally, at the end of the
season, EPA will receive in writing , documentation from the registrants
of these alternatives stating that their products have been used.
4. After application of at least one of the alternative products, Furadan
4F (flowable carbofuran) may be applied as a foliar application, using
ground or aerial equipment, at a rate of 8 oz. product (0.25 lb. a.i.).
A maximum of two (2) applications may be applied under this exemption.
Do not apply more than 0.5 lb. a.i. per acre. A 27-day pre-harvest interval
must be observed.
5. A maximum of 900,000
lbs. of carbofuran may be used under this specific exemption to treat
up to 1,800,000 acres of cotton in Texas.
6. In order to protect
Federally-listed threatened and endangered species from potentially harmful
exposure to carbofuran, applicators must ascertain whether there are any
listed species which could be adversely affected by their use of this
product. If the applicator/landowner does not know whether there are any
listed species that could be affected, they must contact the Texas Parks
and Wildlife Department at (512) 389-4579 to determine whether currently
occupied habitat for any listed species is located on or adjacent to the
property to be treated with carbofuran. Application will be prohibited
in treatment areas within one (1) mile of bald eagle nests; within 100
yards for ground applications and 1/4 mile for aerial applications for
other terrestrial species; and within 20 yards for ground applications
and 100 yards for aerial applications for aquatic species.
7. Do not apply directly
to water, including immediately before or during irrigation. Do not apply
where run-off is likely to occur to aquatic habitats. Do not make aerial
applications within 200 yards, or ground applications within 20 yards
of bodies of water, including rivers, streams, lakes, ponds, bogs, etc.
8. Carbofuran demonstrates
the properties and characteristics associated with chemicals detected
in ground water. Do not use in areas where groundwater is shallow and/or
likely to become contaminated as a result of this use. The state of Texas
will forward to EPA the results of any groundwater monitoring conducted
in carbofuran use areas where this exemption is utilized.
9. In order to minimize
risk of spray drift, the following measures must be adhered to:
A. The distance of
the outer-most nozzles on the boom must not exceed 3/4 of the length of
the wingspan or rotor.
B. Nozzles must always
point backward parallel with the air stream and never be pointed downwards
more than 45 degrees.
C. Use high flow
nozzles to apply the highest practical spray volume. Nozzles with higher
rated flows produce larger droplets.
D. Do not exceed
the nozzle manufacturer's recommended pressures. For many nozzle types,
lower pressure produces larger droplets. When higher flow rates are needed,
use higher flow rate nozzles instead of increasing pressure.
E. Use the minimum
number of nozzles that provide uniform coverage.
F. Orienting nozzles
so that the spray is released parallel to the airstream produces larger
droplets than other orientations, and is the recommended practice. Significant
deflection from horizontal will reduce droplet size and increase drift
potential.
G. Use a nozzle type
that is designed for the intended application. With most nozzle types,
narrower spray angles produce larger droplets. Consider using low-drift
nozzles. Solid stream nozzles oriented straight back produce the largest
droplets and the least drift.
H. For some use patterns,
reducing the effective boom length to less than 3/4 of the wingspan or
rotor length may further reduce drift without reducing swath width.
I. Applications should
not be made at a height greater than 10 feet above the top of the largest
plants, unless a greater height is required for aircraft safety. Making
applications at the lowest height that is safe reduces exposure of droplets
to evaporation and wind.
J. When applications
are made with a cross wind, the swath will be displaced downwind. Therefore,
on the up and downwind edges of the field, the applicator must compensate
for this displacement by adjusting the path of the aircraft upwind. Swath
adjustment distance should increase with increasing drift potential (higher
wind, smaller drops, etc.).
K. Drift potential
is lowest with wind speeds between 2-10 mph. However, many factors, including
droplet size and equipment type, determine drift potential at any given
speed. Application should be avoided at wind speed below 2 mph due to
variable wind direction and high inversion potential. Local terrain can
influence wind patterns. Every applicator should be familiar with local
wind patterns and how they affect spray drift.
L. When making applications
in low relative humidity, set up equipment to produce larger droplets
to compensate for evaporation. Droplet evaporation is most severe when
conditions are both hot and dry.
M. Do not apply during
a temperature inversion because drift potential is high. Temperature inversions
restrict vertical air mixing, which causes small suspended droplets to
remain in a concentrated cloud. This cloud can move in unpredictable directions,
due to the light variable winds common during inversions. Temperature
inversions are characterized by increasing temperatures with altitude,
and are common on nights with limited cloud cover and light to no winds.
N. Pesticides should
only be applied when the potential for drift to adjacent sensitive areas
(e.g., residential areas, bodies of water, know habitat for threatened
or endangered species, non-target crops is minimal (e.g., when the wind
is blowing away from the sensitive area).
10. A copy of the
section 18 labeling must be in the user's possession at the time of application.
11. Residues of carbofuran
resulting from applications made under this emergency exemption are not
expected to exceed the established tolerances of 1.0 ppm (of which not
more than 0.2 ppm is carbamates) in or on cottonseed; 0.05 ppm (of which
not more than 0.02 ppm is carbamates) in or on fat, meat, and meat by-products
of cattle, goats, hogs, horses and sheep; and 0.1 ppm (of which not more
than 0.02 ppm is carbamates) in or on milk as a result of the proposed
use.
12. Adequate analytical
methods for enforcement purposes are available in PAM II. nalytical reference
standards are available from the Pesticides and Industrial Chemicals Repository
in RTP, NC. The Food and Drug Administration, DHHS, and the U.S. Department
of Agriculture, FSIS, have been notified of this action.
13. Use of closed
mixing and loading systems for both aerial and ground application is required.
14. All areas where
Furadan is applied under this specific exemption are required to be posted
with signs developed and distributed in accordance with EPA's Worker Protection
Standard (WPS). These signs picture a face with outstretched hand, and
the words "Danger/Peligro, Pesticides/Pesticidas, KEEP OUT/NO ENTRE."
For all use areas, signs must be visible from all usual points of entry
to treated areas. For example, signs must be visible from each access
road, each border with any labor camp next to the treated area, and each
footpath and other walking route that enters the treated area. When there
are no usual points of entry, signs must be posted in the corners of the
treated area or in any other location affording maximum visibility. Signs
must be visible and legible during the time they are posted. The signs
shall be posted prior to treatment, so that they are present while application
is being made. Signs shall remain in place for the entire re-entry interval
as defined on the product's registered label (14 days post-application).
15. Handlers of carbofuran
are required to wear coveralls over a long-sleeved shirt and long pants,
shoes and socks for each job function, chemical resistant apron (when
cleaning equipment, mixing, or loading), chemical resistant headgear for
overhead exposure, protective eye wear, chemical resistant gloves, and
respirator.
16 . The EPA Headquarters
and EPA Regional Office shall immediately be informed of any adverse effects
or misuse resulting from application of carbofuran in connection with
this specific exemption.
17. A report summarizing
the results of this program must be submitted, to EPA Headquarters and
the EPA Regional Office, within 6 months following the expiration of this
exemption or prior to requesting another specific exemption for this use.
This final report shall include:
A. Number of acres
treated (identify number of acres treated once, as well as acres treated
twice);
B. Total amount of
carbofuran used statewide under the emergency exemption;
C. Data and samples
of efficacy analyses which showed development of resistance and/or treatment
failures in areas subsequently treated with Furadan;
D. Documentation
of application of a registered alternative product, either thiamethoxam
or acetamiprid, prior to the use of carbofuran. Please identify the county
extension agent who provided this documentation;
E. Describe any human
exposure incidents associated with this use (date, location, cause, etc.),
and details of any enforcement actions taken by your agency;
F. List of endangered
species found in or adjacent to application areas, and number of individual
organisms of each species which are observed.
18. This specific
exemption expires on October 31, 2002. Any future correspondence related
to this exemption should refer to file symbol 02-TX-06.
As we have in the
past, the Agency will continue to work with your staff on an appropriate
approach to ensure cotton growers have adequate tools to control aphids.
- signed -
James J. Jones
Deputy Director for Pesticide Programs
Office of Pesticide Programs
Date: 3/15/02
cc: U.S. EPA, Region
6
Johnie Dowell
FAX: 214-665-7263
Director
Residue Evaluation and Planning Division
FSIS / USDA
Washington, DC 20240
U.S. Food & Drug
Administration
Division of Field Science (HFC-141)
5600 Fishers Lane
Rockville, MD 20857
DPORTER@ORA.FDA.GOV
U.S. Food & Drug
Administration
Center for Food Science and Nutrition
Ms. Sonia Delgado, Chief
Case Processing Branch (HF5-607)
200 C Street, SW
Washington, DC 20204
Commissioner
Texas Department of Health
1100 West 49th Street
Austin, TX 78756
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