Pesticide Information OfficeChemically Speaking; March 2002
Fenthion Use in Florida
On January 30, an intergovernmental meeting was held to discuss risk mitigation measures proposed by the EPA for fenthion, obtain feedback, and possibly resolve any questions or concerns identified from a draft registration document amendment. Meeting participants included USDA, Centers for Disease Control, Fish and Wildlife Service, EPA Regions 4 and 6, Office of General Counsel, and multiple EPA divisions. The meeting was very successful and well represented. The next step is to have a public stakeholder meeting to communicate the Agency's position to all interested parties.
At roughly the same time, the American Bird Conservancy (ABC), Defenders of Wildlife, and the Biodiversity Legal Foundation filed a notice of intent to sue the EPA under the Endangered Species Act. The groups contend that the use of fenthion to control adult mosquitoes poses a risk to bird populations in the state. A representative of one of the groups stated that "there are other, very effective chemicals out there that are used in other states. When you blanket a region year-round resistance builds up. We believe that, when you're fighting a war, you don't turn to your nuclear arsenal right away. You save it for severe, public health emergencies." The spokesperson also stated that ABC does not believe adulticiding is the best approach to mosquito control.
According to mosquito control officials in Florida, for developments that adjoin major conservation areas such as the Everglades and Big Cypress, aerial application is the only application process that is adequate for controlling the mosquitoes which migrate from these areas. For aerial application, there are less than a half-dozen ingredients labeled for use in Florida. These compounds are either organophosphates or synthetic pyrethroids. Resistance is known to occur to both of these classes of insecticides. Consequently, to have a proper arsenal of tools with which to control adult mosquitoes (which may carry multiple encephalitic virus', malaria, yellow fever, and dengue) a manager must have access to multiple options within and between insecticide classes.
Fenthion is registered for aerial adult mosquito control in Florida and Louisiana. The organizations (located in or near Washington D.C. and in Colorado) which intend to sue the EPA are evidently aware of the processes of resistance, yet they are advocating revoking a tool that has been employed to ensure the health of Florida populations that live near mosquito-breeding areas. Professional mosquito managers in Florida have been actively trying to educate the federal government as to why this material is needed. Unfortunately, this situation seems to be evolving from a science-based discussion into a politically charged controversy. (Pesticide & Toxic Chemical News, Vol. 30, No. 15, OPMP Newest News, 2/8/02, and communications with Collier and Lee County Mosquito Districts).
Acephate Interim Document Issued
EPA has issued the interim risk management decision documents for the organophosphate (OP) pesticide acephate (Orthene®). Acephate is an insecticide currently registered for use on a variety of field, fruit, and vegetable crops (e.g. cotton, tobacco, cranberry, mint, sod); on ornamental plants both in greenhouses and outdoors (e.g. nonbearing fruit trees, Christmas trees, and cut flowers); on golf
courses; and in food-handling establishments, hospitals, hotels and other public areas for pest control. Based on risk assessments conducted on this pesticide, EPA has concluded that acephate does not pose risk concerns in food or drinking water. By eliminating indoor residential uses and all turf uses except golf courses and sod farms, the aggregate risk from acephate fits in its own risk cup. Other risk mitigation measures will be implemented to reduce worker and ecological risks below levels of concern for reregistration. For example, for certain uses, application methods will be eliminated and application rates will be lowered. Labeling to protect honey bees will be required, as will labeling to reduce potential spray drift.
Further mitigation of acephate uses may be necessary to reduce risks from methamidophos (Monitor®) residues that result from acephate applications, since acephate forms methamidophos as a break-down product. Once the methamidophos interim document is complete, the Agency will determine whether the methamidophos exposure resulting from acephate use poses risk concerns. Any potential further mitigation will be discussed at the time the methamidophos document is released. EPA is currently completing the cumulative risk assessment for the OP pesticides and will complete the reregistration decision for acephate after consideration of cumulative risks. The risk assessment and risk management documents for acephate are available at http://www.epa.gov/pesticides/op/acephate.htm. (EPA OPP Update, 2/11/02).
Chromated Copper Arsenate Saga
On February 12, EPA Administrator Whitman announced a voluntary decision by industry to move consumer use of treated lumber products away from a variety of pressure-treated wood that contains arsenic by December 31, 2003, in favor of new alternative wood preservatives. This transition affects virtually all residential uses of wood treated with chromated copper arsenate, also known as CCA, including wood used in play-structures, decks, picnic tables, landscaping timbers, residential fencing, patios and walkways/boardwalks. By January 2004, EPA will not allow CCA products for any of these residential uses.
The transition period will provide consumers with increasingly more non-CCA treated wood alternatives as the industry undergoes conversion and retooling of their industrial
equipment and practices, while also allowing adequate time to convert treatment plants with minimal economic disruption for the industry's employees. Beginning immediately, and over the next 22 months, wood treatment plants will convert to new alternative wood preservatives that do not contain arsenic. In the current year, manufacturers expect a decline in production of CCA products for affected residential uses up to 25 percent, with a corresponding shift to alternatives. During 2003, the companies expect the transition away from CCA to continue and increase, with a decline in production of CCA products for affected residential uses up to 70 percent, with a corresponding shift to alternatives. New labeling will be required on all CCA products, specifying that no use of CCA will be allowed by the wood-treating industry for the affected residential uses after December 31, 2003.
EPA has not concluded that CCA-treated wood poses unreasonable risks to the public for existing CCA-treated wood being used around or near their homes or from wood that remains available in stores. EPA does not believe there is any reason to remove or replace CCA-treated structures, including decks or playground equipment. EPA is not recommending that existing structures or surrounding soils be removed or replaced. While available data are very limited, some studies suggest that applying certain penetrating coatings (e.g. oil-based semi-transparent stains) on a regular basis (one application per year or every other year depending upon wear and weathering) may reduce the migration of wood preservative chemicals from CCA-treated wood. Arsenic is a known human carcinogen and, thus, the Agency believes that any reduction in the levels of potential exposure to arsenic is desirable. As always, when children play outside, whether around CCA-treated play structures or not, they should wash their hands prior to eating. Also, food should not be placed directly on any treated wood surface. Wood treated with CCA should never be burned, as toxic chemicals may be released as part of the smoke and ashes. Consumers who work with CCA-treated wood are encouraged to use common sense in order to reduce any potential exposure to chemicals in the wood. Specific actions include sawing, sanding and machining CCA-treated wood outdoors, and wearing a dust mask, goggles and gloves when performing this type of activity. Sawdust, scraps and other construction debris must be cleaned up thoroughly and disposed of in the trash (i.e., municipal solid waste). Do not compost or mulch sawdust or remnants from CCA-treated wood. Those working with the wood should wash all exposed areas of their bodies thoroughly with soap and water before eating, drinking, or using tobacco products. Work clothes should be washed separately from other household clothing before wearing them again.
Senator Nelson (FL) does not believe this schedule is sufficient and wants to legislate a different transition schedule. His bill would require the EPA to promulgate regulations to phase out production of residential CCA lumber, and prohibit production of the lumber, no later than one year after enactment. The EPA would also have to produce a public risk assessment by June 15, 2002, in conjunction with the Consumer Product Safety Commission and develop educational programs for consumers, municipalities, and schools as well as enact a pilot program to provide funding and technical assistance to schools in removing playground and other equipment containing CCA lumber. The bill would direct discarded CCA lumber to lined landfills that have a leachate system and groundwater monitoring. The material is currently exempted by EPA from hazardous waste requirements of the Resource Conservation and Recovery Act when it is disposed by end-users. (EPA OPP Update, 2/12/02 & Chemical Regulation Reporter, Vol. 26, No. 8).
Pesticide Registrations and Actions
Apogee® plant growth regulator (prohexadione calcium) from BASF Corporation was registered in Florida effective February 8, 2002 for control of vegetative growth in apple, peanut, and grass grown for seed. (FDACS PREC Agenda, 3/7/02).
- Callisto® herbicide (mesotrione) from Syngenta Crop Protection, was registered in Florida effective February 8, 2002 for broadleaf weed control in corn. (FDACS PREC Agenda, 3/7/02).
Valor® herbicide (flumioxazin) from Valent USA Corporation, was registered in Florida effective February 8, 2002 for broadleaf weed control in peanut and soybean. (FDACS PREC Agenda, 3/7/02).
The EPA has granted an experimental use permit extension to BASF Corporation to use approximately 300 pounds of chlorfenapyr insecticide on less than 22 acres of residential/commercial structures to evaluate the control of termites. The sites can be present in a number of states, including Florida. The extension expires on December 31, 2002. (Federal Register, 1/25/02).
- The EPA has granted two experimental use permits to Syngenta Crop Protection to use approximately 120 pounds of thiamethoxam insecticide on 1,230 sq. ft. of 615 structures to evaluate the control of termites and other pests. The sites can be present in a number of states, including Florida. The permits extend from 4/3/02 through 10/30/05. (Federal Register, 2/15/02).
- The EPA has issued a Section 18 specific exemption for the use of Knack® (pyriproxyfen) insect growth regulator for control of
silverleaf whitefly on legume vegetables (Crop Group 6, except soybean) in Florida. The exemption extends from 2/5/02 through 2/5/03. Regulations associated with this exemption include a crop maximum of two applications made at least 14 days apart, with a 7-day pre-harvest interval. A maximum of 40,000 acres may be treated. Additionally, the exemption does not allow the planting of other crops (for which Knack® is labeled) in the treated area sooner than 30 days after the last application. (FDACS letter of 2/11/02).
The EPA has issued a Section 18 specific exemption for the use of Confirm® (tebufenozide) insecticide for control of lychee webworm on lychee and longan in Florida. The exemption extends from 3/2/02 through 3/2/03. Regulations associated with this exemption include a season maximum of six applications, with a 30-day pre-harvest interval. A maximum of 611 acres of lychee and 410 acres of longan may be treated. (FDACS letter of 2/15/02).
- The EPA has granted tolerances for the harvest aid mepiquat (BASF Corporation) in or on cotton seed at 2 ppm, cotton gin byproducts at 6 ppm, and meat byproducts of cattle/goat/hog/horse/sheep at 0.1 ppm. (Federal Register, 1/23/02).
- The EPA has granted tolerances for the insecticide zeta-cypermethrin (FMC Corporation) in or on edible podded legume vegetables (Crop Subgroup 6A) at 0.5 ppm, succulent shelled peas and beans (Crop Subgroup 6B) at 0.1 ppm, dried shelled peas and beans and soybean seed at 0.05 ppm, fruiting vegetables, except cucurbits (Crop Group 8) at 0.2 ppm, sorghum grain/forage/stover at 0.5/0.1/5.0 ppm, wheat grain/forage/hay/straw/aspirated grain fraction at 0.2/3.0/6.0/7.0/10 ppm, and meat of cattle/goat/hog/horse/sheep at 0.2 ppm. (Federal Register, 2/12/02).
The EPA has granted tolerances for the miticide bifenazate (Uniroyal Chemical Company) in or on undelinted cotton seed at 0.75 ppm, cotton gin byproducts at 35 ppm, nectarine and peach at 1.7 ppm, plum at 0.3 ppm, strawberry at 1.5 ppm, and cattle/goat/hog/horse/sheep fat at 0.1 ppm. (Federal Register, 2/1/02).
Due to the cancellation of benomyl, Florida and Louisiana have requested emergency exemptions (under FIFRA section 18) to use thiophanate-methyl (Topsin M®) on citrus. In order to be able to issue the exemptions for these States' emergencies and set a time-limited tolerance for citrus, discussions were held with the main registrant to achieve mitigation. Application rates on sod farms, turf, and golf courses were lowered, as were the number of applications. (OPMP Newest News, 3/1/02).
- On February 11-13, the EPA met with representatives from the State of Florida, Bayer Corporation, and the National Golf Course Association in Tallahassee, Florida, to discuss the
registration status of fenamiphos (Nemacur®). The purpose of the meeting was to discuss Bayer Corporation's proposed turf ground water monitoring program that is designed to support continued use of fenamiphos on extremely vulnerable soils. The proposal was derived as a result of the Agency's decision to declare all uses on extremely vulnerable soils ineligible for reregistration. The registrant has already agreed to delete use on extremely vulnerable soils for agricultural crops, but has maintained that the turf use is different. Bayer is still considering options, including accepting a 3-year phase-out and not submitting any additional data. Florida officials are very concerned about the future of fenamiphos, which they believe is vital to the golfing industry for nematode control. Also, EPA has received substantial comments from the golfing industry supporting the use of fenamiphos since the Florida meeting. Comments were largely testimonial in nature, but some provided use information that will be considered in the IRED document which is scheduled to be signed at the end of March. (OPMP Newest News, 3/1/02).
Certis USA, LLC, a wholly-owned subsidiary of Mitsui & Co., Ltd., has signed a letter of intent to acquire certain assets of the Bacillus thuringiensis business of Ecogen, Inc. This includes products (CryMax®, Lepinox®, Condor®, Cruiser®, and Raven®) as well as strain libraries, biopesticides, product registrations, trademarks, patents or licenses, and certain fixed assets. Certis will market the products under their own name. (Agricultural Chemical News, February, 2002 and CropLife, February, 2002).
- Gowan Company has acquired from Dow AgroSciences the active ingredients fenarimol and fenazaquin. Fenarimol is present in Rubigan® fungicide and fenazaquin is an insecticide. (Agricultural Chemical News, February, 2002).
- Following last April's decision by Tomen Corp. And Nichimen Corp. to spin-off and merge their life sciences units to form Arysta Life Sciences Inc., Arysta announced the launch of Arvesta - Arysta's wholly-owned crop protection subsidiary. Among the products marketed by Arvesta are captan, Elevate®, and Endorse® fungicides, Select® herbicide, and Monitor® and Orthene® insecticides. (CropLife, February, 2002).
- At the end of January, the USDA's Ag Marketing Service released its Pesticide Data
Program (PDP) Summary for 2000. Overall, 42 percent of nearly 11,000 food samples tested contained no detectable pesticide residues. Of those composite samples that did contain residues, only 0.2 percent had levels exceeding EPA tolerances. Sampling involved 21 food products, including fresh and preserved fruits and vegetables, rice, and peanut butter. For the first time poultry samples were tested, revealing only 3 percent with detectable levels. The PDP data are used by EPA and other agencies for estimating dietary exposures of children and other subpopulations and for FQPA implementation. (CropLife America Spotlight, 2/8/02).
Farmers, nurseries, pest control operators, and golf courses are invited to bring cancelled, suspended, and unusable pesticides for free disposal, no questions asked! The following southwest Florida collection events have been added to the schedule:
Collier/Lee/Hendry - April 23, 2002 - Location: Immokalee Landfill, 700 Stockade Road (off Hwy 846), Immokalee. Contact: Gary Morocco, Collier County Solid Waste (941) 732-2508.
Charlotte/Sarasota/Glades - April 24, 2002 - Location: Zemel Road Landfill, Zemel Road, Punta Gorda. Contact - Barbara Kula (941) 764-4380.
Cleansweep is NOT FOR HOMEOWNERS. If homeowners show up, they will be directed to their county Household Hazardous Waste Program or to the Solid Waste Department. Participants who bring other hazardous waste, i.e. auto batteries or used oil, will also be directed to their county HHW or Solid Waste Department. To provide information about your county's HHW program to Cleansweep participants, please contact Irene Gleason at 850-921-9221 or at Irene.Gleason@dep.state.fl.us.
- Aventis and the Florida Department of Agriculture and Consumer Services have teamed up to provide aldicarb (Temik®) users an efficient manner in which they can fulfill the Department's new rules with regard to application of this pesticide. Now, applicators can log on to TemikIntent.com to register and supply the required information to the state regarding applications. The site also provides email addresses for customer service and regulatory questions. (FDACS, 12/12/01).
A petition to overturn EPA's moratorium on consideration of human study data in pesticide regulatory decisions was filed February 12 in the U.S. Court of Appeals for D.C. by CropLife America, AMVAC Chemical Corp., and Aventis CropScience. The petition points out that a number of reregistration decisions are near completion and if the moratorium is allowed to stand, erroneous risk assessments are likely to result when reliable, valid human clinical data are available. CropLife America's Jay Vroom said the moratorium, among other things, violates a Federal Food, Drug and Cosmetic Act requirement for prior notice-and-comment and contradicts an EPA requirement to consider all relevant data in pesticide decision-making. (CropLife America Spotlight, 2/22/02).
- In a National Journal article January 26 touting Environmental Working Group's efforts in the farm subsidy "wars," EWG's Ken Cook admitted that the group assigns one-third of its full time staff in media and press relations to "not just being in the fray, but creating the fray." Editorialist Michelle Malkin wrote in the Washington Times and other media that despite EWG's efforts to present itself as a "humble, non-profit research outfit" it is a "savvy political animal funded by deep-pocketed foundations engaged in aggressive eco-lobbying." Malkin noted a complaint has been filed with the IRS by the Center for the Defense of Free Enterprise challenging EWG's tax exempt "charity" status in the face of its excessive political and lobbying activities. (CropLife America Spotlight, 2/22/02).
- Agrichemical association spokespersons were quoted in a
Scripps Howard syndicated column February 7 related to an American Journal of Public Health's warning that roaches and rodents are "environmental triggers" for children's asthma, especially in inner city areas. The article by Deroy Murdock challenges EPA's rigorous post-FQPA review as having "driven highly effective compounds from the market" and charges that "Chemophobia grips bureaucrats and many environmentalists while pestophilia motivates eco-extremists who wish to tread lightly on pests." (CropLife America Spotlight, 2/2202).
Insurance costs for agrichemical dealers and distributors are rising at a three- to four-fold rate, according to reports at an association meeting recently. The American Insurance Association's general counsel told the group that casualty insurance is rising because of huge payments in wake of September 11 events, lack of reinsurance availability, and the effect of lower stock prices on insurance company reserves. (CropLife America Spotlight, 2/22/02).
- A former Earth Liberation Front leader "took the fifth" some 40 times during a House eco-terrorism hearing held by the Subcommittee on Forests and Forest Health in mid-February. Craig Rosenbraugh appeared under subpoena and refused to answer questions on where ELF gets funding and who pays its legal fees, according to the Seattle Post Intelligencer. In a separate U.S. Newswire report, Richard Berman of the Center for Consumer Freedoms states there is IRS evidence that animal rights group PETA has a financial liaison with ELF, providing funds for certain activities and legal support. The FBI labels ELF "the largest and most active U.S.-based terrorist group." (CropLife America Spotlight, 2/22/02).
- According to the San Francisco Chronicle (February 22, 2002), the San Francisco BayKeeper, the DeltaKeeper, and the California Public Interest Research Group have filed a lawsuit against the California
Central Valley Regional Water Control Board to eliminate a "loophole that allows Central Valley farmers to discharge pesticide-laden irrigation runoff without obtaining permits." At the present time, the federal Clean Water Act exempts agricultural runoff from regulation, and the Central Valley Regional Water Control Board, which has authority to regulate farm water discharge, has granted waivers to the agricultural industry. The Board contends that agricultural runoff has not caused any major negative impacts on the waters, and growers, therefore, do not need to monitor their discharges. According to environmentalists, though, recent US Geological Survey and state monitoring studies show that pesticides in farm runoff are high enough to damage aquatic species, and they believe that this unregulated area is the number one pollution problem in the Central Valley. (OPMP Newest News, 3/1/02).
The presence of peanut stunt [cucumo]virus (PSV) has been confirmed from perennial peanut collected in northern Florida (Jackson and Gulf Counties) and southern Georgia (Lowndes County) in 2001. Features observed in commercial hay fields included malformed leaves, plants chlorosis, leaf mottling, and stunted plants. The virus can be quickly vectored by aphids such as the cowpea aphid, spirea aphid, and green peach aphid. (ProMED mail, via Agnet, 2/27/02).
This home page is maintained by the Pesticide Information Office
Mark Mossler
Pest Management Information
SpecialistO. Norman Nesheim
Pesticide Information CoordinatorCreated March 2002
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