Pesticide Information Office

Chemically Speaking; February 2002

Members of the Accident Prevention Subcommittee met in late January to discuss possible solutions to the risk of potential accidents and terrorist attacks at chemical plants. One concept shared by the group is that no barrier may be insurmountable for a determined terrorist. The director of EPA's Chemical Emergency Preparedness and Prevention Act stated that "All you need to do is to get a bunch of smart people around a table thinking about what could happen. It's not very long before you're in a magical world where anything can happen. Knowing we can't deal with the threat, we want to focus on vulnerabilities."
One group member noted that voluntary, legislative, and regulatory approaches have both weaknesses and strengths. A bill currently in the senate (see Nov.-Dec. 2001 Chemically Speaking) would require EPA to identify potential terrorist targets and make companies keep records on them. However, another member questioned why congress is giving EPA responsibility for security in the first place. "Has anyone stood up and said, 'Why us?' EPA is not a security agency. This is not a chemical security issue. It's a site security issue that happens to involve chemicals. It might be more appropriate to go with a classic security agency and bring in some chemical expertise, rather than use a chemical regulatory agency."
Certain members of the group wanted greater proof that industry is considering inherently safer technologies for its plants. This concept would have a senior corporate official verify that the company had considered safer technologies, and when necessary, explain why the company had chosen not to adopt them. Other members stated that by reducing threshold quantities, inventories would be reduced. However, this would lead to a greater number of shipments of hazardous substances, and greater burden for transportation officials. The meeting concluded with the consensus that increased plant security and safer technology may be a two-pronged plan that would increase safety at chemical plants. (Pesticide & Toxic Chemical News, Vol. 30, No. 14).

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Clopyralid Persistence in Compost Addressed by Manufacturer and State Agencies

After an intense media campaign by the Grass Roots Recycling Network, Dow AgroSciences and state regulators have been working with the EPA to address concerns regarding the presence of clopyralid in finished compost. The material was first detected at biologically-damaging concentrations in compost in 1999. By 2001, the Washington Agricultural Department reported that it was found in compost at five facilities in western Washington at levels "well in excess of amounts that have been shown to impact sensitive plants." Both solanaceous and legume crops are sensitive to the herbicide.

Clopyralid is used in Washington to control Canada thistle and yellow starthistle in timothy hay and wheat and for long-term clover and dandelion control on golf courses. Clopyralid is also part of a three-way herbicide mix used on cool-season grasses. Users of clopyralid are not supposed to compost turf treated with the herbicide, a restriction that is on the products' labels. However, homeowners who get commercial pesticide applicators to treat their lawns may not know what chemicals were applied and then recycle the clippings. Appropriate means of dealing with the clippings are to leave them on the lawn (mulching) or to compost at the residential site and use the compost as top-dressing for the lawn.

Washington state is considering a range of options which include banning the herbicide or banning materials treated with it at compost facilities; and Dow has temporarily stopped the sale of clopyralid products in the Spokane area. Dow also is working on three possible solutions to correct the problem. First, there may be changes in how the products are used, such as the number of applications per year, the rate of application, and the timing of the application. Second, educational programs may be developed which relate to the no-composting label requirements. Finally, the company also is researching a potential technological fix of reintroducing bacteria into the composting process. (Chemical Regulation Reporter, Vol. 26, No.2).

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Organic Pesticide Options May Shrink in October

The guidelines for the USDA's National Organic Program and the use of low-risk pesticides become effective as of October 21, 2002. By that time, pesticide products must be formulated with inert ingredients which are present on List 4 (those of minimal hazard or risk). Lists 1 through 3 contain those inert ingredients of toxicological concern, those that are potentially toxic and are a high priority for testing, and those of unknown toxicity, respectively.

Biopesticide manufacturers and the Organic Trade Association are hoping that the EPA moves as quickly as possible in reclassifying products on List 3 to List 4. There are about 40 inert ingredients currently in use for formulating biopesticides which are on List 3. Some of the products affected include copper fungicides, botanicals like neem, and microbials. A member of the Biopesticide Industry Alliance's Regulatory Affairs Committee stated that the List 3 inert ingredients have been presumed to be safe by the manufacturers to this point. (Chemically Regulation Reporter, Vol. 26, No. 2).

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Genetically Modified Grass on the Way

The U.S.'s largest producer of lawn and garden products was cited as saying it's ready to sell genetically altered grass that will require less cutting and withstand repeated doses of weed killers. But first, The Scotts Co. faces a challenge from environmentalists who say the new product represents dangerous biological tinkering that will fundamentally alter nature. Scotts plans to ask the U.S. Department of Agriculture this spring for permission to sell its first batch of low-maintenance grass. The company also is developing genetically modified petunias and other flowers that bloom longer. Mark Schwartz, senior vice president for strategic planning at Scotts, was quoted as telling The Columbus Dispatch that, "We are excited about it because our customers are excited about it. Instead of spending two hours every Saturday mowing your lawn, you could be out playing golf or spending time with your kids."

However, a money manager who wants Scotts to delay its bid to sell genetically modified grass, was quoted as saying, "There hasn't been enough long-term testing of the potential effects these plants could have on the environment." The story says that at Scotts' annual shareholders meeting last month, the manager was unsuccessful in an effort to gain approval for a resolution demanding more study of potential environmental and financial risks related to the new products. The American Society of Landscape Architects has petitioned the USDA for independent research into the new grasses that Scotts and other companies are testing. Companies involved in biotechnology must ask the USDA for permission to plant, transport or sell their experimental plants. Len Hopper, chief landscape architect for the New York City Housing Authority, was quoted as saying, "We think the public would benefit from oversight by people who don't have a financial stake in this. We're talking about grass here, not something they're trying to develop to feed starving people." Scotts officials said their new grasses will benefit the environment by reducing the need for chemical treatments and curbing air pollution from lawn mowers. Scotts formed a partnership with Monsanto in 1998 to develop the new grass and flower varieties. (Associated Press, 2/3/02).

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Pesticide Registrations and Actions

Gavel® 75DF fungicide (zoxamide and mancozeb) from Dow AgroSciences was registered in Florida effective January 11, 2002 to control diseases in potato. (FDACS PREC Agenda, 2/7/02).

Applaud® 70WP (buprofezin) from Nichino America, Inc., was registered in Florida effective January 11, 2002 to control whitefly, scale, mealybug, and plant/leafhopper on banana, citrus, cotton, grape, and tomato. (FDACS PREC Agenda, 2/7/02).

The EPA has again issued a Section 18 specific exemption for the use of Enable® 2F fungicide (fenbuconazole) to control greasy spot on grapefruit. The exemption becomes effective on March 1, 2002, and will expire on November 1, 2002. (FDACS letter of 1/14/02).

FDACS has canceled Special Local Needs registration FL-890025 (diazinon in potted nursery stock) at the request of the registrant, Syngenta Crop Protection. The effective date is December 31, 2001. (FDACS letter of 1/29/02).

FDACS has canceled Special Local Needs registration FL-940006 (2,4-D on citrus) at the request of the registrant, Pace International LLC. The effective date is December 31, 2001. (FDACS letter of 1/29/02).

FDACS has canceled Special Local Needs registration FL-970006 (98% methyl bromide on watermelon) at the request of the registrant, Soil Chemicals Corp. The effective date is December 31, 2001. (FDACS letter of 1/29/02).

FDACS has canceled Special Local Needs registration FL-920001 (copper hydroxide on tropical fruits) at the request of the registrant, Griffin, LLC. The effective date is December 31, 2001. (FDACS letter of 1/10/02).

The EPA has approved the registration of AtEze® (EPA Registration number 70688-2) from Eco Systems, Inc. The active ingredient is Pseudomonas chlororaphis strain 63-28. This material is approved for use as a soil drench of contained plants for greenhouse ornamental and vegetable crops. (Federal Register, 12/31/01).

The EPA has granted tolerances for fluthiacet-methyl (K-I Chemical, U.S.A., Inc.) in or on field/pop/sweet corn grain at 0.01 ppm, field/pop/sweet corn stover at 0.05 ppm, and field/sweet corn forage at 0.05 ppm. (Federal Register, 12/21/01).

The EPA has granted a tolerance for the herbicide halosulfuron-methyl (Sandea®) in or on the melon subgroup 9A, which includes citron, muskmelon, and watermelon. The tolerance of 0.1 ppm was requested by IR-4. (Federal Register, 12/26/01).

The EPA has granted tolerances for the herbicide imazapic (BASF Corporation) in or on grass forage (30 ppm), grass hay (15 ppm), peanut nutmeat (0.1 ppm), milk (0.1 ppm), fat/meat/meat byproduct of cattle, goat, horse, and sheep (0.1 ppm), and cattle, goat, horse, and sheep kidney (1 ppm). (Federal Register, 12/26/01).

The EPA has granted tolerances for the herbicide imazamox (BASF Corporation) in or on the legume vegetable group (0.05 ppm). (Federal Register, 12/27/01).

The EPA has granted tolerances for the insecticide pymetrozine (Syngenta Crop Protection) in or on brassica head/stem group (0.5 ppm), brassica leafy greens group and turnip green (0.25 ppm), cotton gin byproducts (2.0 ppm), undelinted cotton seed (0.3 ppm), pecan (0.02 ppm), fruiting vegetable group (0.2 ppm), cucurbit vegetable group (0.1 ppm), leafy vegetable (except brassica) group (0.6 ppm), and tuberous and corm vegetable subgroup (0.02 ppm). (Federal Register, 12/27/01).

The EPA has granted tolerances for the fungicide fenbuconazole (Dow AgroSciences) in or on stone fruit (except plums or prunes) group (2.0 ppm), pecan (0.1 ppm), and banana (0.3 ppm). The tolerances will expire on December 31, 2004. (Federal Register, 1/15/02).

The EPA has established an exemption from the requirement of a tolerance for residues of sodium thiosulfate when used as an inert ingredient (dechlorinator) in or on growing crops, or when applied to raw agricultural commodities after harvest. The effective date was December 21, 2001. (Federal Register, 12/21/01).

The EPA has established an exemption from the requirement of a tolerance for residues of the indian meal moth granulosis virus on dried fruits and nuts when applied/used as a microbial pesticide. The petitioner was AriVir, LLC. The effective date was January 9, 2002. (Federal Register, 1/9/02).

EPA has received requests from the companies that hold dimethoate manufacturing and end-use registrations to cancel or amend all registrations with possible residential exposures. This includes dwelling, gardens, landscaping, playgrounds and public/private buildings. Agricultural uses proposed for cancellation are housefly treatments on farm buildings/structures, farm animal quarters, and manure piles. (EPA Pesticide Program Update, 1/22/02).

EPA has received a request from Sergeant's Pet Products to voluntarily cancel four registrations for cat and dog flea collars which contained the insecticide naled. These are the only registrations for this compound on pet collars. (EPA Pesticide Program Update, 1/22/02).

EPA has received a request from Bayer Corporation to delete dry bean, lentil, poplar grown for pulpwood, sorghum, soybean, tobacco, and triticale from their disulfoton product labels. (EPA Pesticide Program Update, 1/22/02).

The EPA has released the interim risk management decision (IRED) for terbufos (Counter®). With mitigation measures, the insecticide fits into its own risk cup, but final risk decisions must include consideration of cumulative risks of the organophosphorous pesticides. The document can be found on EPA's web site and is open to public comment until March 18, 2002. (EPA Pesticide Program Update, 1/24/02).

In response to the voluntary cancellation announced last spring, the EPA has published the proposed tolerance phase-outs for the fungicide benomyl. Depending on the commodity, the phase-out dates range from 2006 through 2009. These revocation dates were set to allow for all residues of benomyl to pass through channels of trade following the EPA-expected last use of existing stocks on December 31, 2003. The dates are subject to public comment through March 18, 2002. Contact the Pesticide Information Office to obtain specific commodity dates. (EPA Pesticide Program Update, 1/24/02 & USDA OPMP email, 1/28/02).

The EPA issued a notice announcing the agency's intent to terminate a number of U.S. pesticide producing establishment registrations 45 days following the notice given on January 23, 2002. Termination is due to failure to file annual pesticide product reports as required. Florida registrations belong to: Chempro International - Miami, Harry's Place - Silver Springs, Imperial Custom Packaging - Fort Lauderdale, and Steve's Pool Service - Largo. (Pesticide & Toxic Chemical News).

Effective March 1, 2002, license fees under Chapter 487, F.S. will increase. The categories and new fees are as follows: private applicator - $60 for a 4-year license, public applicator - $60 for a 4-year license, commercial applicator - $160 for a 4-year license, and pesticide dealer - $175 for a 1-year license. (Florida Administrative Weekly, 2/8/02).

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Pesticide Potpourri

Valent BioSciences Corporation has licensed DeVine® biological herbicide (Phytophthora palmivora) to Encore Technologies of Minneapolis, MN. Encore has exclusive rights to manufacture and market the herbicide, which controls milkweed (strangler) vine in citrus crops. (The Grower, January, 2002).

The Pesticide Information Office was recently contacted regarding use of a phenoxy tri-mix that someone had purchased from a NY-based business through an unsolicited telephone sale. The person that purchased the herbicide described to the sales person that he wanted a material for conifer release. The sales person assured him that the material "would do that" and that it would provide six seasons of control. Upon receiving the gallon of material in the mail, the buyer did not see conifer release on the label, and it indeed was absent. Each of the three herbicides in the mix (2,4-D, 2,4-DP, and MCPP) were present at a concentration of about 4.5 percent. Other products that contain these active ingredients are labeled for conifer release. This is an example of a product sale wherein verbal claims were not substantiated by the label, and there has been a history of this type of questionable selling tactic throughout the nation. We urge people to seek information from reputable sources when acquiring pesticides.

Pesticide industry sources are carefully monitoring the movement of a draft "Maryland Pesticide Safety" bill penned by a non-governmental organization in its effort to identify activist-led anti-industry regulations developed under the guise of strengthening safeguards against terrorism. In short, the proposal's requirements include overly burdensome practices for applicators/distributors and their facilities/equipment. Criminal background checks for all employees having anything to do with pesticides, 24/7 physical or close circuit camera monitoring of all sites, and dismantling aircraft and trucks used for deliveries or application of product between trips are part of the bill. Additionally, banning aerial applications near urban areas (thereby restricting important segments of mosquito control in parts of MD), pesticide formulation disclosure, and a fund for user fees and enforcement fines are included in the proposal. (CropLife America email, 1/24/02).

Two Canadian organic growers have filed a class action lawsuit against Monsanto and Aventis, seeking compensation for damages caused by genetically-modified canola pollen blowing into their fields. A spokesperson for the Saskatchewan Organic Directorate (SOD) stated that "Any kind of science, whatever it is, if it's infringing on our rights, they don't have a right to do it." The SOD official said the damage would be "in the millions" (of dollars). Approximately 60 percent of the canola grown in Saskatchewan is genetically modified to resist a herbicide. (Reuters, 1/10/02).

In two separate stories, citrus canker has now been detected in the Indian River area and in DeSoto County. Canker lesions were confirmed from two grapefruit trees in adjacent yards in Palm Bay (Brevard County) and inspectors were trying to find the inoculum source. Unlike in South Florida, Palm Bay residents were largely supportive of the eradication efforts. Similarly, a grower in DeSoto County was supportive of the program even as he watched 680 acres of prime citrus felled. So far, 801 acres of citrus have been destroyed in DeSoto County over the past few weeks. (Associated Press, 1/29/02 & Gainesville Sun, 2/4/02).

Although still under investigation, exposure to phosphine gas appears to have caused two deaths in Enterprise, AL. Apparently, someone obtained tablets containing aluminum phosphide and used them within a residence to control pests. Later, the persons' mother and nephew were found dead in the house. Aluminum phosphide is a restricted-use pesticide, only available for sale and use by certified applicators. It is only to be used for control of stored grain pests in commercial storage and food processing areas and for rodents in orchards and crop land. (OPMP Newest News, 1/25/02).

The EPA has reviewed a request by the state of Florida for the emergency use of thiophanate-methyl (Topsin®) to manage postbloom fruit drop on citrus. The request follows the voluntary cancellation of benomyl by the manufacturer in 2001. Benomyl had been the preferred fungicide to manage this disease, which can be severe in years with high rainfall during the bloom period. While azoxystrobin is also used for disease management, data suggested that with high rainfall, benomyl was superior in preventing fruit loss and reducing inoculum for subsequent infections. The Agency determined that a significant economic loss would occur if weather conditions are conducive for disease development. Thiophanate-methyl is expected to perform with similar efficacy to benomyl, as both fungicides have the same active degradation product - carbendazim. (OPMP Newest News, 1/18/02).

In order to determine whether surveys such as National Agricultural Statistics Service (NASS) or Doane provide biased estimates of pesticide use, an analysis was performed to examine the reliability of pesticide usage statistics obtained from these data sources commonly used by EPA. Average active ingredient rate and percent of crop treated from both Doane Market Research and NASS Agricultural Chemical Usage Reports were compared with pesticide census data reported to the California EPA. The USEPA found no significant evidence to conclude that NASS or Doane routinely underestimate or overestimate actual pesticide use. (OPMP Newest News, 1/18/02).

On January 31, the Office of Pesticide Programs (OPP) received an application from Arvesta Corporation (formerly Tomen Agro) to register the methyl bromide alternative, iodomethane. This compound has shown great promise in IR-4 efficacy trials as a "drop-in" replacement for methyl bromide. With the January 1, 2003, methyl bromide phase-down approaching (when methyl bromide production will be phased-down to 30% of 1991 production levels), OPP has committed to expedite the review of this new compound. (OPMP Newest News, 2/1/02).

Representatives from OPP's Biological and Economic Analysis and Registration Divisions met with representatives from the California Strawberry Commission to discuss the user group's feedback on the draft methyl bromide critical use exemption application (see Jan. 2002 Chemically Speaking). At a stakeholders meeting in mid-January, the Commission volunteered to serve as the "test candidate" for the critical use exemption application. The group spent several weeks preparing a draft response, identifying the sources of data they would need to complete the application, and identifying the burden on the group in developing their response. The Commission shared their feedback on the application, explained where they had difficulties, and offered suggestions on how to better word the instructions for certain sections of the application to provide greater clarity. Agency staff appreciated the frank and honest feedback provided by the Commission and believes that this exercise will only strengthen the ultimate application that will be submitted for approval by the Office of Management and Budget. (OPMP Newest News, 2/1/02).

A year-end compilation released by eco-terrorist Animal Liberation Front cites 137 arsons, tree spikings, laboratory attacks, and other illegal acts by such groups in 2001, according to a Seattle Times article of Jan. 16. The spokesman for ALF boasted that new U.S. and Canadian anti-terrorism laws will not shut down the movement to "save the animals and environment." (CropLife America Spotlight, 1/25/02).